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Law and Environment

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  • Jan. 2013
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Stephanie Alvarez
Professor Sean Diaz
Law and Environment
Week 2 assignment

3.
According to this appeals court, what errors were made by the judge at trial?

The judge has made a judicial error by allowing the Plaintiff's counsel to comment on the case about Minichiello's boss being a German with an "attitude of hatred" and made forced analogies to Nazi Germany and the Holocaust. The judge also allowed irrelevant testimony, which asserted that the Club discriminated against Latinos, Jews, and African-Americans, to the issue of discrimination based on sexual orientation. I agree that awarding $20,000,000 was grossly excessive and has no rational basis, and was an error by the judge as well.

7.
Would the police violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so? Explain. See, for example, United States of America v. Lawrence Maynard, 615 F.3d 544 (D.C. Cir. 2010); petition for rehearing en bane denied, United States of America v. Antoine Jones, 625 F.3d 766 (D.C. Cir. 2010).

The police would violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so. They have violated his “reasonable degree of privacy”. Without having a warrant issued will give the ability to have anybody monitored whenever for whatever period of time invading privacy.

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