Searching procedures at county jails strike a reasonable and required balance between the inmates' privacy and the institutions need to safeguard the safety of both the inmates and staff. Reasoning: Issue 1: The court held that correctional officials need sensible discretion to formulate practical solutions to troubles facing correctional facilities. This involves devising reasonable search policies that limit the entry of any kind of contraband in the facilities. Thus, the plaintiff's plea of a 4th and 14th Amendment right violation on a violation of privacy is overridden by the fact that detainees and prisoners pose a significant risk to each other, and thus the strip searches are validated.…
574, 13 A.L.R. 1159], holding that Fourth Amendment proscriptions against unreasonable searches and seizures do not apply to private conduct, is still good law and controlling” (Stanford Law School,…
Is that the illegal search within the meaning of the Fourth Amendment?” The Supreme Court was favor Mr. Jardines; they overturn…
Justice Antonin Scalia delivered a 5-4 opinion affirming the Florida Supreme Court's decision. The Court held that the front porch of a home is part of the home itself for Fourth Amendment purposes. Police officers cannot go beyond the scope of that invitation. Entering a person's porch for the purposes of conducting a search requires a broader license than the one commonly given to the general public. Without such a license, the police officers were conducting an unlawful search in violation of the Fourth Amendment.…
Rule The Fourth Amendment protects individuals against unreasonable searches and seizures of their persons, houses, and effects. Wolf v. Colorado (1949)…
6. separate opinions- the supreme court judge said every state law enforcement runs into troubles and now with having things straight forward the 4th amendment of the united states constitution protects people from unreasonable search and seizures. You can go in with an arrest warrant to search the attic. When you have an arrest warrant your arresting the person and securing anything around him that can be evidence from being tempered and use of force toward law enforcement. 7.analysis-…
Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…
Curtilage can be defined as an enclosed area or land around the proximity surrounding a home in which the grounds are utilized for daily activities of domestic living in which the homeowner has taken protocols to ensure the privacy of that area. The word curtilage plays an important part in the United States Constitution. Its determination of the Fourth Amendment is extremely important in prohibiting unreasonable searches and seizures of an individual home or property by justifying a reasonable expectation of privacy. It allows an individual to be protected against unlawful searches and seizures by including curtilage in the definition of what one's considers a home. Its concept is important in criminal law due to evidence improperly gathered…
In the modern legal system, most jurisdictions view a person as an adult at 18 years of age. Until a person reaches this age, they are less likely to receive the full extent of a jurisdiction’s legal system. At certain parts in a child’s life, age can be used as a valid defense. If a person is under 7 years of age, they will not be charged in most jurisdictions. From the age of 7 to the age of responsibility, which is usually recognized as 16 but varies by jurisdiction, an offender can be tried in the juvenile system (criminal Law Today).…
Ohio impacted the United States greatly ranging from socially to politically. The Supreme Court landmark case introduced a new rule: the exclusionary rule. This new rule monitored the type of evidence acceptable in court. While the exclusionary rule was introduced, the Court and police found out it was harder to prosecute criminals, since they would argue their Fourth Amendment was infringed upon during the warrantless search. Upon realization, the Court allowed for the police to search a person’s house with “reasonable suspicion” and “probable cause”.…
When this nation was being establish there were many controversies about law enforcement coming into the citizens’ home to search for property of the owner or for the owner itself with an unreasonable cause. This is the reason why this part of the amendment was created, to protect the…
Furthermore, generally warrantless seizures of abandoned property or of property on an open field do not violate Fourth Amendment, because it is “considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.” However, in some states, there are some exceptions to this limitation, where some state authorities have granted protection to open fields. States can always establish higher standards for search and seizures protection than what is required by the Fourth Amendment, as long as the search and seizure does not violate the Fourth…
Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “The right of the people to be secure in their 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.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…
For many Canadians, the media is their primary source of information related to events and occurrences that may be taking place within their community. As a primary source, the media holds significant weight in relation to the development of perceptions and understandings of both current and past events. These perceptions, while at times seemingly innocuous, can be uncritical or far-removed from the reality of the events as they exist outside of the framing of media depictions. Media depictions of crime, criminality and the criminal justice system, can, and often do, set the foundation for the development of understandings that are inconsistent with the experiences of those who are directly involved—in a professional capacity—with the Canadian criminal justice system. Consequently, these distorted, or perhaps more accurately, misinformed understandings, can lead to the development of myths that are perpetuated at the social and political level.…
There are four factors used when distinguishing the open fields of curtilage. In Del Carmen (2012), the factors appear and are explained beginning with “The proximity of the area to the home, whether the area is in an enclosed surrounding the home, the nature and uses of the area, and the steps taken to conceal the area from public view.” An example of this could be that an officer investigates a reported stolen car that remains in an open field that does not contain a fence, the owner of the field approaches and evidently accuses the officer of trespassing, the officer has the right to investigate as long as he is not in any type of barrier which in that case, would be curtilage. Pain view and plain touch is defined by Del Carmen (2012)…