Fernandez v. California: Fourth Amendment Upheld? POL 303 August 4‚ 2013 The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend‚ who was also a resident‚ after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006)
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Emily-What is the difference between reasonable suspicion and probable cause? Cassie-Are warrantless searches legal? Emily-Can police officer search one’s property without search warrant? Cassie-What constitutes an illegal search and seizure? Emily-Do you have to stop at a stop sign in a parking lot? Cassie-How are you supposed to stop at a
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containers that cannot support a reasonable expectation of privacy against search because they may be “inferred by their outward appearance” to have a single purpose that effectively places the contents in “plain view.” Sanders‚ 442 U.S. at 765. A warrantless search is justified under this exception on three conditions: “(1) the seizing officer must be lawfully present in the place from which he can plainly view the evidence; 2) the officer has a lawful right of access to the object itself; and (3) it
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The legal issue presented in Arizona v. United States is whether federal immigration laws preclude Arizona’s cooperative law enforcement efforts and implicitly preempt provisions of Arizona’s immigration law (S.B. 1070). My team and I believe that S.B. 1070 violates the Supremacy Clause of the U.S. Constitution‚ which makes federal law the “supreme law of the land.” As such‚ S.B. 1070 unconstitutionally intrudes on the federal government’s authority to regulate immigration law and should therefore
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One of the biggest yet most overshadowed issues or arguments of today in the business world is probably Corporate Personhood. Observing many cases that rule in favor of corporate personhood‚ history reveals that the problem derives from times as early as the 1800s. Looking at the Constitution‚ the document that grants rights to all people recognized by the American government‚ does not officially mention anything specifically on what corporations are permitted to do under the law. Which leaves the
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Many people watch the news on a daily basis‚ but are unaware of the bias that the media contains. Bias is when someone only gives the side in their favor in an attempt to persuade another person. News sources tend to lean a certain way‚ politically‚ and because of this their bias will often show in the information given to viewers. The news tends to show the negative acts or confrontation in situations‚ but fall short to show the full story. Bias in the media is a way for more ratings‚ to make the
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1.What impact did the events of 9/11 have on your sense of security/vulnerability? The events of September 11th brought a harsh reality to light. I remember sitting home thinking this wasn’t real and when I finally did catch on and see this was really happening I was overcome with fear. I wasn’t sure if we as a nation were safe or what would happen next. I kept saying to myself “How they can say they are here to protect us and this happens?” 2. Doyou agree or disagree with the U.S. response to
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The Patriot Act was signed into law on October 26‚ 2001 by President George Bush. USA Patriot Act is actually an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. Since it has passed‚ it has been one of the leading roles in preventing many terrorist attacks that are planned to hurt innocent civilians. Its goals were to strengthen the power of law-enforcement agencies and the domestic securities. Not only was it extremely controversial
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Ryan Nielsen PA 472 Term Paper Occupational Safety and Health Administration On December 29‚ 1970 Congress passed the Occupational Safety and Health Act. The purpose of this act as quoted from the act itself is: “To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research‚ information
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THE APPLICATION OF PRIVACY LAWS TOPIC READING: City of Ontario‚ California‚ et al. v Quon‚ et al. 560 U.S.___(2010) DISCUSSION QUESTIONS: 1. What were the material facts of City of Ontario‚ California‚ et al. v Quon‚ et al. (Ontario v Quon)? Petitioner Ontario (hereinafter City) acquired alphanumeric pagers able to send and receive text messages. Its contract with its service provider‚ Arch Wireless‚ provided for a monthly limit on the number of characters each pager could send
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