Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also, seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed.…
Was the warrantless surveillance of Katz’s conversation a violation of the Fourth Amendment, even though the government did not physically penetrate the telephone booth?…
Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…
In the case of Smith v. United States, the plaintiff, John Angus Smith, was convicted of engaging in drug-trafficking, which would have granted him a five year sentence had he not “used” a firearm in regards to the incident. As stated in statute 924(c)(1), the use of firearm in relations to a drug-trafficking crime enhanced the sentence, and turned it into a 30-year sentence. The argument at hand is whether the term “use” was to be taken from a broad dictionary definition or in the ordinary meaning. The majority of the court argued that the term “use” should not be limited to the intended use of the firearm (as a weapon) as they exemplified cases of which the firearm was used as a bludgeon even though that was not it’s intended purpose, yet…
4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…
Summary of Key Facts A. Deborah Weisman graduated from Nathan Bishop Middle School, a public…
Charles Baker sued Joe Carr because he explained that the legislature of Tennessee failed to represent urban citizens and overrepresented rural citizens. A law in Tennessee required every district to be redrawn every ten years, but Tennessee had not redistricted since 1901. Baker stated that Urban areas had grown in population and should be represented as equal as rural areas. He also said that urban areas failed to receive “equal protection of the laws” , required by the Fourteenth Amendment.…
Grutter v. Bollinger was also a case in which race was still used as an admission factor. This case involved the admission process to The University of Michigan's law school. Just as the University of Texas they used the hard data and soft data process to admit different students into their program. Race was used as a plus factor under the soft data category and the law school was seeking critical mass by becoming more diverse within its student population. Yet, the question was how did the university know the race of the person? As they did not have a so called race check box. They asked different questions such as where the students are from or what language was spoken within their homes. The court again said this was ok, as they school was…
A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe…
It was determined that the plaintiffs failed to show any part of the statute led to a denied admission to any non public school on racial or religious grounds. So the complaint of violating the 14th amendment was not discussed and dismissed for lack of standing.…
The landmark case that opened up the ability for business to operate across state lines was Gibbons v. Ogden. The case started in 1809, when the Legislature of the State of New York granted exclusive navigation privileges of all boats that moved by fire or stream in the waters within the jurisdiction of the state, for twenty years, to Robert R. Livingston and Robert Fulton (Livingston). They wanted a monopoly on a national network of steamboat lines, but were unsuccessful in their pursuit. Only the Orleans Territory awarded them a monopoly on the lower Mississippi (Livingston).…
Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…
This comment analyzes the history of the Fourth Amendment and the evolution of the private search doctrine. Specifically, it takes the reader through a history of the Fourth Amendment and the inception of the private search doctrine into how the Fourth Amendment is being upheld in today’s technology-driven world. In detail, this comment seeks to expand upon the defendant’s home presumption argument that the Sixth Circuit in United States v. Lichtenberger did not address.…
That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…
Many other states have looked into introducing drug testing in their welfare policies, but due to its legality and cost it was never put into action. I feel that we need to push this issue in more states and eventually once people see that its what the public wants, there will be some kind of welfare reassessment.…