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Supreme court decisions 1800s
Supreme court decisions 1800s
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To begin, the events that took place in this Supreme Court Case occurred on November 17, 2003 involving Donnohue Grant and three Toronto Police Officers, two of which were dressed in plain clothes and in an unmarked car. The area had a history of student assaults, robberies and drug offences which was one of the main reasons for the obvious police presence in the vicinity. The accused was walking down the street very close to school when officer’s Worrall and Forde passed by in their unmarked car. Grant stared at the officers as they drove by him while fidgeting with his coat and pants in a particular way which caught the attention of undercover Worrall and Forde. Officer’s Worrall and Forde then informed officer Gomes that he should have a chat with the suspicious accused. To continue, Officer Gomes then approached the accused and was the first to converse with Grant. Officer Gomes stood on the sidewalk directly in the middle of the accused’s path in which …show more content…
v. Grant the appellant is Donnohue Grant and Her Majesty The Queen. The Defence for Mr. Grant argues was he was detained before he made his inculpatory statements. He believed his liberty to remain or leave was taken away by the police while they conducted the stop. The Officers were blocking his forward path by standing in front of him, and as well as informing him of keeping his hands in in front of him. This was breaching his Canadian Charter of Rights and Freedoms section 8, 9, and 10(b). This was the argument of psychological detainment in where the person felt he had no choice by the actions of the police. When Grant said he had a bag of marijuana on him they still didn’t caution him and kept asking questions relieving that he admitted to having a firearm in which they searched him than read him his rights. The next argument was about the trafficking charge. Mr. Grant argued that he didn’t change possession of the firearm or hands it didn’t qualify the word and definition of
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
The issue that this case raises, is whether or not the officers had the right to search the car of a person who they just arrested, while the person is handcuffed and placed in the back of a squad car?
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
The defence argued that because the detention was unlawful, any arrest or search that flows from the detention should be regarded and was similarly unlawful. The Crown referred to common law power of arrest and search. As of R.v,Caslake’s case, it clearly stated that in the situation of an arrest, it is generally permitted that upon lawful arrest, police have the power to search a person for officer safety reason as well where there is “some reasonable prospect of securing evidence of the offence for which the accused is being arrested” and to secure that evidence. However, in the situation of Mr.Nanokeesic’s detention it is considered to be unlawful. The police did not have grounds to suspect that Mr.Nankeesic had provided a false name to them, as well, the fact that Mr.Nanokeesic ran
The Charter of Rights and Freedoms is an important document that allows us to live our lives without arbitrary governmental control, although there may be certain times when rights should be limited. The R. v Oakes case is a perfect example of this situation coming into play. David Edwin Oakes was caught with an unlawful possession of hash oil and was automatically convicted of trafficking, under section 8 of the Narcotic Control Act. By looking at the Charter, it was clear that section 8 of the NCA violated his right to be presumed innocent until proven guilty, guaranteed in section 11.d. With that in mind, the respondent brought in a motion that challenged section 8 of the Narcotic Control Act. Since the Supreme Court and the Crown were confident that the suspect was trafficking narcotics, they created a four criteria ruling, in order to reasonably limit the rights of the respondent. This is permissible under section 1 of the Charter, which states that “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms…only to such reasonable limits prescribed by law.”2 The respondent’s case passed the first criterion which stated that “the reasoning for limiting the Charter must be proven important enough to override a constitutionally protected right.” The case did not pass the second criterion which stated that “there must be an appropriate connection between the limitation of rights and the objective of the legislation.”2 Therefore, the appeal was dismissed and the respondent was released. After reviewing the case it was clear that even though the suspect did not have his rights limited against him, limiting rights should be used more often in severe cases.
In October of 1993, R.D.S., a Nova Scotian Black youth, was arrested by a white police officer and charged with assault on a police officer in the execution of duty, assault with intent to prevent the lawful arrest of another, and resisting his own arrest. In a Nova Scotia Youth Court, R.D.S. testified that he did not touch the police officer or assault him in any way. He stated that he spoke only to his cousin, who was being arrested by Constable Steinburg, to ask the nature of his arrest and whether or not to contact his mother. R.D.S. testified that Constable Steinburg told him to either "shut up" or face arrest. The youth argued that the police officer proceeded to place both himself and his cousin in a choke hold. Constable Steinburg maintained that R.D.S. assaulted him and obstructed his cousin's arrest. He made no reference to telling the youth to shut up or to placing either youth in a choke hold. (1)
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
One of the Legal Rights the Charter of Rights and Freedoms protects is: The right to be free of imprisonment, search, and seizure without reasons backed by the law. “In a undisclosed school in Canada, there was a sudden police checking, in which police dogs roamed around the hallway of the school to see if there was any suspicious substance or object. During the checking, the police fo...
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
The litigation of R. v. Buhay is a case where the Charter of rights and freedoms was violated by the policing parties but maintained and performed by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began to distract the security guards while his friend placed a duffel bag in the locker they had rented. After they left, the security guards were so engrossed by the smell coming from the locker that they unlocked it to find a sleeping bag full of marijuana in the duffel bag. Buhay was arrested the day after the bag was taken into possession even though no warrant was received to search the locker in the first place. During the first trial, due to the violation of the Charter by the police officers, Buhay was acquitted. The Crown, however, appealed this ruling and the case was taken to the Supreme Court of Canada where once again Buhay was acquitted in a 9-0 ruling. Although Buhay committed a crime by possessing marijuana, the police violated the Charter by searching Buhay`s locker without a warrant or his consent, making the Supreme court of Canada`s decision to acquit Buhay reasonable. The Supreme Court of Canada`s decision to acquit Buhay was reasonable due to the fact that the police violated the Charter of rights, no warrant was received to unlock the locker let alone seize the duffel bag, and lastly because the bus depots terms for the locker were not efficiently provided to the customers making them aware of any reasonable search conduct.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
The Stop and Frisk program, set by Terry vs. Ohio, is presently being implemented by the New York Police Department. It grants police officers the ability to stop a person, ask them questions and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fall under assault and are irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identifying himself as a police officer, and making reasonable inquiries.
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.