- cert was granted ISSUE: - Did the FBI violated Katz 4th Amendment Right? (to privacy) HOLDING: - Yes REASONING: - The phone booth should be considered protected when doors are shut but the 4th amend. protects persons not places from unreasonable intrusion. In a public place, a person can have that reasonable expectation (but isn't protected because of plain view) Since the government was electronically listening and recording the conversation, it is constituted as a search & seizure. Under the 4th amend., the absence of a warrant during a search & seizure (they had probable cause as well) evidence should of been inadmissible.
Under the Eight Amendment, federal and state criminal laws can’t allow excessive bail, fines, or cruel and unusual punishment. The Amendment doesn’t expressly bar disproportionate sentences. However, the U. S. Supreme Court has indicated that the Eight Amendment bars sentences that are grossly disproportionate. The three groups of persons whom cannot be given the death penalty are people who commit a crime while younger than 18 years of age. (Roper v Simmons, March, 2005).
The Fourth Amendment to the U.S. Constitution reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized[1] (Constitution, 1789).” b. The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. According to http://criminal.findlaw.com/, in most instances a police officer may not search or seize an individual or his or
This allows the client and the attorney to communicate openly and ensures that confidentiality is preserved (Natoli, 2013-2014). The exceptions provided in Rule 1.6 cover the potential loss of life, property, and reputation but no provision is made to expressly prevent an innocent person being imprisoned. Massachusetts has interpreted the ABA MRPC and made such a provision. The Massachusetts Rules of Professional Conduct Rule 3.07 states, “a lawyer may reveal, and to the extent required by Rule 3.3, Rule 4.1(b), or Rule 8.3 must reveal, such information: (1) to prevent the commission of a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm, or in substantial injury to the financial interests or property of another, or to prevent the wrongful execution or incarceration of
Exclusionary Rule Evaluation Paper Brandy Alston University of Phoenix Criminal Procedure CJA/353 Professor Joseph Wade April 11, 2012 Exclusionary Rule Evaluation Paper Should the exclusionary rule be abolish this question is one not to simple to answer. Many individuals say no other say yes, and for those that do not know what the exclusionary rule is then they do not know their Forth Amendment Right. This makes answering this question harder, the Exclusionary Rule and Fourth Amendment works jointly for the United States and the citizens. The Fourth Amendment in the US Constitution limits the action of official law enforcement and helps keep the public rights from being violated for unreasonable searches or something close in that rang. This paper will define Exclusionary Rule, the rationale and purpose of the Exclusionary rule, the exceptions, cost and benefits and alternative remedies to the Exclusionary Rule and if we should keep or wipe out the Exclusionary Rule.
If the Fifth Amendment did not exist, United States citizens would not have the rights that are current in our government. That would create problems for the government. If their were wasn’t a fifth amendment a lot of criminals would be able to be on the streets instead of in jails because they didn’t have a fair trial to show if they were innocent or not. It also guarantees the court systems will be balanced and you will be promised a fair trial in which you can or will not be released from prison. If their was no fifth amendment the government can do what ever they wanted whenever they wanted with no say.
I found it useful when learning and understanding the Exclusionary Rule to reference the below chart (National Paralegal College). It explains how evidence cannot be used if it violates the rights given to us under the United States Constitution (National Paralegal College). What the chart does not show is sometimes evidence that was used to other evidence that linked the suspect to the crime committed could possibly be inadmissible because of the Exclusionary Rule, which means your suspect who may have ultimately committed the crime goes free because the evidence cannot be used against him or
According to O’Connor (2009) “The USA Patriot Act, for example, violates the First Amendment’s free speech guarantees by barring those who have been subject to search orders from telling anyone about those orders, even in situations where no need for secrecy can be proven. It also authorizes the FBI to investigate citizens who choose to exercise their freedom of speech with no need to prove that any parts of their speech might be labeled illegal”. I think if someone says something that would cause the FBI to investigate it than there must be something behind it. I don’t think the FBI would intentionally waste their own time investigating an
Living in fear is not how we want to live. Guns provide people with a false sense of safety, and it's true that guns do not kill people, but rather people do. Therefore, more guns do not solve gun shootings and mass school shootings but is danger for the society. Comparing to other countries that don't allow people to have guns, such as the China, the gun crime rate and murder rate is a lot lower than those same statistics in the US. In addition, we don’t need assault weapon to protect ourselves, its not a 'civilians' job to stop criminals who possess guns, it is the police's job.
Democrats in no way wish to undermine the right to the second amendment but do wish to establish strong laws to who can and cannot bear a gun for example restricting guns to be issued in the hands of previous criminals, stalkers, person going under mental services, background checks for gun sales, etc. not that someone doing right in society isn’t capable of doing such harm but that crime may be lessen in society this way the right is not taken away but