MIDTERM 1 Running Head: MIDTERM Midterm Project Search and Seizure Linda Branstrom Kaplan University CJ 299: Associates Capstone in Criminal Justice Professor Terry Campbell April 22, 2012 MIDTERM 2 Abstract It is firmly ingrained in our system of law that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment, subject to only a few specifically established exceptions. The courts have outlined a number of exceptions to the warrant requirement including but not limited to, consent searches, searches of vehicles and, inventory searches. One exception the court has expressly and repeatedly refused to recognize is a general
The case of Paul v. Davis, 424 U.S. 693 (1976) examines a case of defamation of character by the defendant in which the accused was said to have destroyed Mr. Davis’s name and character by unlawfully soliciting that he was a prior shoplifter to the community when Mr. Davis had in fact been cleared of the charges prior to the solicitation. The Belk Corporation in return could claim procedural due process of the law considering as stated in the case, there were no other witnesses aside for the three involved. Belk’s could claim they had no knowledge of the alleged crime as a corporation and lay the blame on Joan as an individual rather than as an employee of the Belk Corporation. Should the Belk Corporation successfully accomplish this task, Joan would not have had enough probable cause against Garcia to successfully win this case. Joan’s mere suspicion of Garcia is not enough to constitute probable cause.
“For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. Under the Fourth Amendment's reasonableness requirement, the appropriateness of every warrantless search is decided on a case-by-case basis, weighing the defendant's privacy interests against the reasonable needs of law enforcement under the circumstances” (G K. Hill, 2005). Another exception to warrant requirements as it pertains to the above article is that the video released shows there was a lack of physical harm as seen on George Zimmerman. This was important to the prosecution because Zimmerman claimed Trayvon Martin attacked him and his death was a result of self defense. In conclusion, authority’s base warrants on probable cause which are only necessary in a small percentage of cases.
Williams v. State , 110 So. 2d 654 (1959). Facts Williams was convicted and sentenced to death for the rape of a seventeen year old young woman. The victim testified that while driving a few minutes after leaving a store, Webb City, parking lot on the night of December 18, 1957 Williams stabbed her with an ice pick from the back seat of her car. He then drove her around town, sexually assaulted her twice, stopped the car and left.
The plaintiff appealed the decision on 3/30/2001 on the grounds that the trial court erred in their decision, basing it on the fact that no one had been apprehended and confessed to the crime. 4. The plaintiff did not recover anything in this case. 5. The court decided this case based upon previous cases of Connelly v. Family Inns of America and Kottlowski v. Bridgestone/Firestone and felt that the defendant did not act in willfully negligent manner and that the plaintiff should have locked his toolbox is he was concerned about the safety and keeping of his tools?
There was not any evidence that the suspect even knew he was being followed. Decision: King entered a conditional guilty plea with his right to appeal to get the evidence suppressed based on it being an illegal search. The Kentucky Court of Appeals affirmed the conviction stating
Trial Brief The following is a trial brief prepared by Carmen Smith To: Carmen Smith From: Supervisory Attorney Date: February 16, 2014 Re: White v. Calkin, Civ 03-388 Jane White Plaintiff vs. Jeffery Calkin & Sage Rent-A-Car Defendants Brief in Support of Motion to Dismiss QUESTION PRESENTED Under the New Mexico Mandatory Financial Responsibility Act, (MFRA), NMSA 1978 Sections 66-5-201 to 66-5-239 and NMSA 1978 Section 66-5-205 (1998), can a lessor, who is self-insured by the superintendent of insurance, be held liable for damages caused by the negligent use of a vehicle by a lessee? STATEMENT OF THE CASE Our client, Sage Rent-A-Car Inc. leased a vehicle to Jeffery Calkin. Mr. Calkin collided with Jane White (the plaintiff) after failing to stop at a stop sign. Ms. White filed a negligence law suit against Mr. Calkin and our client, Sage Rent-A-Car siting a violation of the provisions under MFRA. Sage Rent-A-Car, Inc. filed a surety bond with the superintendent of insurance and is self-insured.
Dontae caine Lgs 3:30-4:45 4/6/2013 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISSON GROUNDS THAT THE STOLEN VALOR ACT IS UNCONSTITUTIONAL To: Law partner to the current state of the law From: Dontae Reshard Caine Re: Stolen Valor Act as Unconstitutional Issue: Does the First Amendment protects false statements of fact – made without any apparent intent to defraud or gain anything? If so, what level of protection do they deserve. Six Justices agreed that some protection was warranted, but disagreed as to the amount, and three Justices believe that the First Amendment does not protect such lies at all. Background: The defendant has been charged by criminal complaint with one count of violation of 18U.S.C. § 704, popularly known as the Stolen Valor Act of 2005.
Chaos surrounded the city, infuriated mobs roamed the streets, and several citizens were injured, dead, and arrested. The Riot within Rodney King was an unforgettable experience and possibly incurable in the heart of some Americans. My mother was fourteen years old when she began to fear the streets of Los
My father continued to make speeches in favour of UNIA and in 1929 the family house was attacked by members of the Black Legion, a militant group that had broken away from the Ku Klux Klan. "Shortly after my youngest sister was born came the nightmare night of 1929, my earliest vivid memory. I remember being suddenly snatched awake into a frightening confusion of pistol shots and shouting and smoke and flames. My father had shouted and shot at the two white men who had set the fire and were running away. Our home was burning down around us.