In contrast the distinguish between stop from as arrest is difficult to determine. However‚ it is imperative because of the different procedure that must goes into effect before a Terry stop occurs. For instance‚ a stop procedure must be determine by a reasonable suspicion and probable cause. According to the case of Flordia b. Royer‚ 460 U.S. 491 (1983) give an distinguish of a Terry stop and arrest. In this case it share some information about a man that is know as a drug dealer stop by and officer
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identity and reason for the activity. This ensures searches and seizures by police officials are reasonable. Although there is Supreme Court precedent in the Illinois v Rodriguez case to oppose increased protections of people’s rights under the Fourth Amendment‚ the Right to Know Act should be passed into law because it would make the community safer for LGBT groups and people of color and the amount of unlawful searches that occur will decrease. The passing of the Right to Know Act will allow for
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or contraband‚ Right of Access to it‚ no need to be inadvertently discovered. Probable cause- Totality of circumstances and reliability factors from Aguillar/Spinelli/Gates 5th Amendment right to counsel- Right to counsel all questioning must cease unless they initiate further contact with the police. 5th Amendment right to Counsel- The testimony need only furnish a link in the chain of evidence against them‚ if a witness. Since they are not D’s they cannot refuse to take the stand‚ they would
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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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New Jersey vs. T.L.O The Supreme Court has a long history of upholding citizens’ protections against unreasonable searches and seizures a right guaranteed by the 4th Amendment. In 1914‚ the Court ruled that evidence obtained by police illegally is not admissible in federal court a practice known as the exclusionary rule. In 1980‚ a teacher at Piscataway High School in Middlesex County‚ New Jersey‚ found T.L.O. and another girl smoking in a restroom a place that was by school
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What does “by the book” actually mean in today’s constitutional law. I plan on elaborating on this topic and give a concise description of everything that goes on in a "proper" arrest. An arrest can be legally made with an arrest warrant. The Fourth Amendment stresses the importance of having an
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Should recipients of welfare be forced to take drug tests? States have been proposing this very thing since the federal welfare reform in 1996. Sentiments from many who are supportive of the legislation seem to be in agreement that they do not want tax dollars spent on drugs and that if you have enough money to buy drugs then you don’t need public assistance. One popular belief is that this will save wrongfully spent tax dollars and shift it to those who need it and are trying to do the right thing
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2011 from http://caselaw.lp.findlaw.com/cgi- bin/getcase.pl?navby=case&court=us&vol=392&invol=1 Search and Seizure (n.d.). Retrieved 06 17 2011 from http://criminal.findlaw.com/crimes/criminal_rights/your-rights-search-and-seizure/fourth- amendment-reasonableness-requirement.html Exigent Circumstances. (n.d.) Retrieved 06 18 2011 from http://law.yourdictionary.com/exigent-circumstances
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blood indicated that the blood alcohol level was significantly above the legal limit. McNeely had challenged the blood test evidence claiming that there should have been a search warrant before ordering a blood sample. II. Legal Provisions 4th Amendment III. Legal Questions Does the natural dissipation of alcohol in the bloodstream establish an exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in all drunk-driving investigations
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first case the suspect’s Fourth Amendment rights were not violated. The police had probable cause to arrest the suspect because he was acting weird and fit part the description of the suspect spotted in the previous crimes. Since the police were arresting the individual‚ they are able to search the suspect prior to arrest. The search was reasonable and had probable cause. In second case the suspect’s Fourth Amendment rights were violated. According to the Fourth Amendment the police must have a warrant
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