Search and Seizure
Thomas Robertson
Sunday August 19, 2012
Human Rights Search and Seizure
First let me start off by saying that, after reading the account of what happened to Trixee, in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher, the rules (laws) that were violated, a brief Analysis of proof that they were in violation of fourth amendment laws, and finally how this all leads top my conclusion that Trixee has a strong case against Officer Fletcher and Showtime Gentleman’s Club for violating her fourth amendment right against “search and seizure” and privacy. But before discussing these four points I will define some legal terms that affect this case so that we have a better understanding of the issues involved and why I came to my conclusion.
Private Sector is the first legal term we need a definition for. According to employment law (p.663 employment law) it is defined as “the segment of the workforce represented by private companies” (companies that are not owned or managed by the government or one of its agencies). Showtime is a private sector company. Then there is the term, “Fundamental right” meaning a “right that is guaranteed by the Constitution whether stated or not.” Then there is the term, “Search and Seizure” which is defined as a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. Also, the definition of ‘Common Law’ which is defined as “The body of law derived from judicial decisions rather than from statues or constitutions.” (Case Law) (Blacks Law p. 133) And the final definition: “Fourth Amendment” – The
Sunday August 19, 2012
Human Rights Search and Seizure
First let me start off by saying that, after reading the account of what happened to Trixee, in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher, the rules (laws) that were violated, a brief Analysis of proof that they were in violation of fourth amendment laws, and finally how this all leads top my conclusion that Trixee has a strong case against Officer Fletcher and Showtime Gentleman’s Club for violating her fourth amendment right against “search and seizure” and privacy. But before discussing these four points I will define some legal terms that affect this case so that we have a better understanding of the issues involved and why I came to my conclusion.
Private Sector is the first legal term we need a definition for. According to employment law (p.663 employment law) it is defined as “the segment of the workforce represented by private companies” (companies that are not owned or managed by the government or one of its agencies). Showtime is a private sector company. Then there is the term, “Fundamental right” meaning a “right that is guaranteed by the Constitution whether stated or not.” Then there is the term, “Search and Seizure” which is defined as a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. Also, the definition of ‘Common Law’ which is defined as “The body of law derived from judicial decisions rather than from statues or constitutions.” (Case Law) (Blacks Law p. 133) And the final definition: “Fourth Amendment” – The