Was the Fourth and Fourteenth Amendments violated? Holding: The Trial Court held that the officer did have probable cause to search the vehicle and arrest the three men. The Supreme Court held that the officer did have probable cause to believe that Pringle had committed the crime of possession of a controlled substance. The Supreme Courts holding that the officer had probable cause to arrest Pringle also proves that the officer did not violate the Fourth and Fourteenth Amendments.…
In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…
The Supreme Court case Terry v. Ohio found that a defendant’s constitutional rights were not violated because any reasonable officer would have believed his safety or the safety of others were endangered. In today’s case, Cameron Awbrey aggressively responded to Officer West’s initial remarks. In response, Officer West decided to stop and search for a warrant, as any reasonable officer would have thought to do. His actions were simply in protection of the well being of others, showing that Officer West acted with misconduct to the benefit of others. Officer West was performing his duty, acting reasonably in a difficult situation.…
The Court held Wynar received sufficient notification of his rights and denied the Due Process…
Current Issues Misty Basford Kaplan University Author Note [Include any grant/funding information and a complete correspondence address.] Current Issues Due Process is a 5th and 14th Amendment right. The 14th Amendment was brought forth after the civil war to make sure all Americans were treated the same.…
The Bill of Rights to every American is the crown jewel center piece of our constitution and from which just about all legal proceedings are based from. Akhil Reed Amar's "The Bill of Rights as a constitution" pages 1131-1210 and 1193-1284, details and analyzes the strengths and weaknesses of the Bill of Rights. Amendments such as the fifth, ninth, and tenth are currently the sole topic of college courses such as Constitutional Law, the sixth, eighth, and a majority of the fifth are taught in Criminal Procedure and the seventh is taught in Criminal Procedure. Teaching these amendments to Americans is essential so that when issues arise we can have the knowledge we've learned right on hand. In the current day and age interpretations of the…
Edward father argued that his son’s fourth Amendment was violated. However, Tennessee law authorized Hymon’s actions. R= Rule The initial rule by the Federal district court stated that Hymon action were justified. At that time Tennessee police department authorized the use of deadly force of a fleeing suspect.…
Vermont, Maine, and Mississippi (depending on the crime) are the only three states out of fifty that allow voting while in jail, for all other states the voting right is removed while serving time in jail, prison, on parole or probation. For all 50 states, the right to vote is restored after serving the correct time or term. Some conditions apply for certain states, but it is still possible to retain the right to vote. The major of the states have the law, which is you lose the right to vote while serving your term and retain it afterwards, but other states have different laws. I believe that the right to vote should be revoked while serving your time, but retained after you’ve served your term.…
The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…
The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties.…
Section 1 (a) the executive branch may veto legislation and may call special sessions of congress the legislative may override a president’s veto, may impeach the president, approves appointment's of judges and approves treaties (b) the framers intentions were to keep any branch of government from having too much power and the checks and balances make their intentions possible. 2. 1. (a) skipped (b) it basically means that the law must be obeyed no matter what and no one is immune to the law also it means no one man has more power than the law.…
I would propose changes in the Fourth Amendment. The changes will be to protect from unreasonable searches and seizures on the inside and outside of the border. The reason is that there were thousands of cases where Homeland Security Agents would seize and search mobile devices right outside the border. Because the Fourth Amendment only protects people inside the border, the agents were free to search, copy, and record any information from the devices without explanation. If the government allows this to continue it will lose trust in the public.…
Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…
Palko v. Connecticut (1937) 1. What constitutional question is the Supreme Court being asked to decide? Answer - Does Palko's second conviction violate the protection against double jeopardy guaranteed by the Fifth Amendment because this protection applies to the states by virtue of the Fourteenth Amendment's due process clause? 2.…
When the United States first formed, James Madison wrote the Bill of Rights as laws to follow throughout time. The Fourth Amendment is one of the most important of the amendments because it permits people to the privacy that they are entitled to. “The Constitution’s Fourth Amendment is inarguably set in stone in declaring that in the United States “no warrants shall issue but upon probable cause.” (Does the Government Actually Understand the 4th Amendment, 2013.) Going alongside this law, it states the fact that the government and law enforcement cannot obtain citizens’ information or belongings without a warrant, but with all of the new technology that is coming out, this law is being broken.…