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Importance of the 4th amendment
The 4th amendment explained
The 4th amendment explained
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Petitioner David Leon Riley was originally stopped for a traffic violation. The registration tags on the car that Riley was driving were currently expired. During the traffic stop the police officer also learned that Riley’s driver license was suspended. Police policy required the police officer to impound the vehicle because Riley’s license was suspended. Continuing to follow police policy a second police officer performed an inventory search of Riley’s car. The search led to Riley’s arrest for possession of two loaded handguns that were found under the hood of the car. The officer also proceeded to seize Riley’s cell phone which was located in his pocket. About two hours after the arrest a gang unit detective analyzed the content on Riley’s cell phone. As a result, Riley was tied to a shooting that had occurred several weeks early. In relation to the shooting Riley was charged with firing at an occupied vehicle, attempted murder, and assault with …show more content…
Robert mentioned that Chimel v. California works as precedent for the decision made in Riley v. California. Robert also included that cell phones in today’s era have enough storage capacity that a person’s entire life can be found on the device. Therefore, they should be protected by the 4th amendment right. Samuel Alito also gave a concurring option, but found the final decision somewhat questionable. Alito argues that the final decision in Riley v. California can create anomalies within their system. Alito mentions that under current law police officers are allowed to seize and analyze hard copies of information found on a suspect, but not cell phone data. Furthermore, Alito suggests that congress and legislature might need to consider creating new laws that make a distinction between the different types of categories of information and or other
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
Colorado Petitioner v. Francis Barry Connelly was a case appealed on October 8, 1986 by the Supreme Court of Colorado and later decided on December 10th, 1986 by the U.S. Supreme Court. The case began in Denver when, without any prompting, Francis Connelly approached police officer Patrick Anderson and claimed he had murdered a young girl named Mary Ann Junta. Before hearing anymore details, Officer Anderson immediately advised Connelly of his Miranda rights. The respondent said that he understood his rights but still wanted to discuss the murder. Officer Anderson asked Connelly several questions, where he denied drinking and taking drugs, but had claimed to be treated for mental illness. Soon after, detective Antuna arrived and Connelly was once again advised of his rights. Connelly claimed that
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 court for this case found that the search and seizure of the stereo violated the fourth and fourteenth Amendments. The Decision was 6 votes for Hicks and 3 votes against.
...ing this type of case. If the District Court Judgement is affirmed it is possible that other technological advances such as satellite photography and video will invade the privacy of Americans.
Established in 1968, the medical school at the University of California implemented a special admissions program to increase the representation of minorities in each entering class. There was one underlying problem with their special admissions program that was not addressed until 1973 when Allan Bakke submitted his application to the University of California.
Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house. Although Mapp did not allow them to enter, they gained access by forcibly opening at least one door. Once the police were inside the house, Mapp confronted them and demanded to see their warrant. One of the officers held up a piece of paper claiming it was a search warrant. Mapp grabbed the paper but an officer recovered it and handcuffed Mapp ?because she had been belligerent.? Dragging Mapp upstairs, officers proceeded to search not only her room, but also her daughter?s bedroom, the kitchen, dinette, living room, and basement.
There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.
Facts: The Fourth Amendment prohibits unreasonable searches and seizures and states that an officer to have both probable cause and a search warrant in order to search a person or their property. There are several exceptions to this requirement. One exception to this is when an officer makes an arrest; the officer can search an arrestee and the area within his immediate control without first obtaining a search warrant. This case brings forth the extent of an officer’s power in searching an arrestee’s vehicle after he has been arrested and placed in the back of a patrol car. On August 25, 1999, the police responded to an anonymous tip of drug activity at a particular residence. When they arrived on scene, Rodney Gant answered the door and identified himself. He told police that the owner of the house was not home but was coming back later that evening. Police later discovered that Rodney Gant had a warrant for his arrest for driving with a suspended license. The officers came back to the home later that evening and arrested two individuals. After both individuals were handcuffed and placed in the back of patrol cars, Gant pulled up at the house driving a vehicle. When he stepped out of his car, he was arrested for driving with a suspended license. After Gant was handcuffed and placed in the back of a third patrol car, officers proceeded to search Gant’s car. During their search they found a gun in the car and a bag of cocaine in a jacket pocket laying on the backseat of the car Gant was driving. Gant was charged with possession of the cocaine. He fought to have the evidence found in his car suppressed at trial because, he claimed, the search of his car had been unreasonable. Gant’s motion was denied and Gant was convicted...
On October 31, 2016 the complainant walked into the Fifth District police station and reported that on October 28, 2016, Tavante Robinson hereinafter referred to as the respondent had sent threatening texts to another teacher at the school. One of the text messages read “Don’t think it’s over u wanna be in this to say nm idgaf I got you Ms. tabias Ms. Hayward all yall mfs don’t think its sweet I left my mother ima be waiting for her to step foot out that mfn building ima get yall one by one.” The message was then followed by the defendant sending pictures of several guns and in one of the pictures he was holding a gun with an extended magazine. The respondent then sent another text messages stating “Tell Ms. Ashford to look into finding some new teachers staff period.” The complainant is afraid for her safety and believes that the respondent can carry out the threat. The respondent has mental issues and believes he has access to weapons. The complainant was provided these text messages a day later after the incident occurred.
The Pena-Rodriguez v. Colorado case is about a man, Miguel Pena-Rodriguez, who committed crimes of unlawful sexual conduct and harassment seeking a new trial because of the racial basis of one of the jurors. In this case the petitioner is Miguel Pena-Rodriguez believes that his guilty verdict is not valid because of the racial biased by a juror, which is validated by two other jurors recounts. The state of Colorado, the respondent, will not grant a retrial because of Rule 606(b), which, “prohibits introduction of evidence regarding statements made in jury deliberations,” and therefore Miguel Pena-Rodriguez could not use the racial comment from the jurors in this retrial (Ballotpedia). However, Miguel Pena-Rodriguez argues that this rule cannot apply to cases of racial biases because it impedes on his Sixth Amendment right to an impartial jury (Ballotpedia). In Colorado, and in many states the Rule 606(b), otherwise known as the “no impeachment rule,” prevent jurors from having to
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
A big case in warrantless search of cell phone revolves around Riley vs. California. In this case the police took his cell phone without a warrant after they suspected him to be a possible murder suspect when they found guns that matched the scene of the crime. Though this is on the extreme end of warrantless search it is still wrong. Riley is suing because they conducted this warrantless search on him which led to his conviction and arrest. If the police would have gotten a warrant, then everything would have been ok. But instead they labe...
“Smartphones and the 4th Amendment”. The New York Times. (27 Apr. 2014).Web. 28 Apr. 2014.
The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.