Landmark Racial Profiling Cases Erika J. Shorter University of Maryland University College CJMS 650 9040 Cole and Smith (2007) define racial profiling as‚ “the use of race and ethnicity as clues to criminality.” This term is commonly used to refer to police or other law enforcement officials singling out a person or group of people as “potential suspects” because of their race or ethnicity (p.98). Terry v. Ohio On October 31‚ 1963‚ while on a downtown beat which he had patrolled many times
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A Different Perspective on the Law The United States has had an effective law enforcement system for hundreds of years‚ which has revolutionized itself starting with the implication of the Constitution to the lawless west and effectively to where it is today. The American criminal justice system has many branches and occupations‚ all of which focus on a common goal of keeping our nation as safe as possible. In the following paragraphs‚ I will discuss an interview with a San Diego Police Officer
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“According to the United States Constitution‚ it does not use the word “arrest” the fourth amendment provides: “The right of the people to be secure in the their persons‚ Against unreasonable… seizures‚ shall not be violated‚ and no Warrants hall issue‚ but a probable cause‚ particularly describing the person to be seized(Gless 279).” The true definition of arrest is the use of authority to deprive a person of his or her freedom of movement. Most of the time an arrest is made with a warrant. Meanwhile
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unless the officer has: a valid arrest warrant‚ a valid arrest warrant‚ or a belief that level of "probable cause" committed by the individual. When police officers violate the constitutional rights of an individual under the Fourth Amendment and search or seizure is illegal‚ any evidence derived from such investigation or detention will certainly remain outside of any criminal case against the person whose rights have been violated. For example‚ the arrest was found to violate the Fourth Amendment because
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Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant‚ but if a warrant is required‚ certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants .Police and the Rule of Law
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Under what is known as the Plain View Doctrine is called a search-related plain view‚ referring to items that are identified by the responding officer who was authorized to specifically search for it. In this particular case‚ the officer was authorized to search for a white‚ 6’0 tall individual who was wearing a black baseball cap‚ black t-shirt‚ and jeans. Even though this description is vague‚ this individual
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referred to‚ the Terry stop. The term stop and frisk refers to the practice by the New York Police Department in which a police officer stops and questions an individual and then frisks them for weapons. This tactic gives officers the power to stop and search anyone only if the officer has reasonable suspicion and they suspect the person is involved in criminal activity or is in possession of something illegal. The reason this practice was used was to prevent crimes from taking place or to
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the Stored Communication Act factored into the constitutionality of more than 27‚000 items of e-mail evidence. In the case of United States v. Warshak‚ the primary issue at hand is the constitutionality of the government’s warrantless seizure of more than twenty-seven thousand e-mails stored on an internet service provider’s server. To answer the constitutionality issue‚ the first focus is on e-mail itself as a form of communication‚ and whether there can be a reasonable expectation of
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persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized” (Buren). Searches and seizures of someone’s home without a warrant are presumptively unreasonable. However‚ there are some exceptions. A warrantless search may
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The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures. Modern officials have granted police officers in New York City an incentive to respect the amendment. The Stop and Frisk program employed by the New York Police Department‚ gives police officers the right to initiate a stop of an individual on the street allegedly and do a quick search of their outer clothes for weapons based on if the officer has a reasonable suspicion that a crime has
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