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Apple fbi case research
Evidence can be used in the criminal justice system to prove
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In explaining Apple’s Fight with the F.B.I. Mike Issac a New York Times journalist reports on Apple not releasing the information from a suspected terrorist’s IPhone 5c. Last December there was a shooting in San Bernardino California. One of the shooters had an IPhone and the F.B.I. wanted access to the phones contents to gather more information. To do this they would be forced to write a new code. They stated this would be against their 1st amendment rights to be forced to do that. The article mentions there are other ways for them to get data, such as, the carrier of the phone. Also, Issac writes, Apple does not want to pave the road for similar requests to itself and other tech companies. He feels that Apple is worried about this one case …show more content…
Everyone should receive equal privacy even if they are a suspected terrorist. Apple should not be relied on for that. Especially since it might lead to more places being asked for information about their clients. Additionally, due to their rights as Americans there is no reason why they should have to give it up and be forced to write a new code for the F.B.I. http://www.nytimes.com/2016/02/18/technology/explaining-apples-fight-with-the-fbi.html?_r=1 Article #2 Drug Charges Dropped; Cop Violated Man's 4th Amendment Rights In this article Charlies Butts reports that a man was charged with illegal possession of drugs in April 2015.He was pulled over for driving onto a median and the officer asked to do a search with a dog. The man claimed the officer had no probable cause to search his vehicle. Additionally, he did not consent to the officer searching his car. After going to court the charges were dropped. Under the 4th Amendment everyone is protected against unreasonable searches and a warrant must be required to perform a search. In this case none of that was present so the guy being let go was the right decision even if he had illegal drugs on him. A cop knows their protocol and knows it must always be followed so it was the cops fault for not doing so.
Under the California Penal Code, officers are granted permission to search Johnson under the conditions of his probation. While acting upon this, they discovered multiple areas of the house in which controlled substances were hidden. Officers argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
On June 26, 2006, a Sheriff Officer of the State of Florida, William Wheetley and his drug detection dog, Aldo, were on patrol. Furthermore, Officer Wheetley conducted a traffic stop of the defendant Clayton Harris for expired tags on his truck. As Officer Wheetley approached the truck, he noticed that Harris was acting nervous/anxious, more than he should have, and he also noticed an open can of beer in the cup holder next to him. At that moment, Officer Wheetley knew that he was hiding something, he requested to search
...uspicion, then will you be able to be one your way. In my opinion, the officers were justified in their actions. Even though Mr. Wardlow was in a high drug trafficking area, that alone was is not enough to presume that Mr. Wardlow was guilty of something. It was only when Mr. Wardlow proceeded to flee from police officers did they find him guilty of something.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
In doing so, they used 3 different logical structures in their arguments: precedent, degree, and analogies. Tim Cook debated with a constructive argument, “to guarantee such a powerful tool isn’t abused and don’t fall into the wrong hands is to never create it” (The Guardian, 2016). This is an example of degree argument, as the audience will automatically agree with any arguments with less of bad things because it is good. Apple knows there are no other cases like this one, so there’s nothing to compare to. Letting the government into the iPhone only this one time can set a dangerous precedent that can potentially force Apple to force open every iPhone in the future at government request. This became a heated legal battle, granting the access in their products for law enforcement was compared to “a political question” by Apple with an analogy (Yadron,
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
In America we take freedom and privacy for granted, we as people are unable to comprehend how safe our country actually is, especially in today's society. With that being said there is something that we must all understand, in this age of technology if people are not surveillanced it puts everybody else in our country and the country itself at risk. There are aspects of our privacy and life that we have to sacrifice in order to secure the freedom that we do have. The NSA and U.S. government needs access to our private information in order to ensure the safety of our country and citizens.
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
In today 's generation many adults and teenagers keep everything from contacts numbers to their social security numbers on their smartphones. When customers, including criminals and terrorists purchase their smartphones, they are buying it with the assurance that not some, but all of their information and privacy will be safeguarded. The issue occurring today deals with the suspected terrorist of the San Bernardino, California on December 2, 2015 shooting involving over 30 injured people. Syed Farook, the suspected terrorist Apple IPhone is locked with a 4 code password and the government wants Apple to create a backdoor operating systems that allows them to computerize as many passcodes they can to unlocks the terrorists IPhone. Apple strongly believes that creating this necessary backdoor system will create a negative chain of effects that will affect everyone from smartphone users to social media companies and their privacy. The FBI recently has taken Apple to court to create the necessary backdoor operating systems to get around the security features created on the Apple IPhones. Apple has the legal right to refuse creating a “backdoor” software to get into suspected terrorists iphone because it invades the privacy of Apple 's customers, it will set a precedent for other companies, and the FBI will mislead Apple.
Even though we have rules that states that people are not allowed to be search if they do not want too, like the fourth amendment, but this rule have been violated, in so many ways. The fourth amendment 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” (Legal Information Institute). The social justice system allow policeman, and other authorities to violate this law. The stop and frisk rule to search individuals, just because they look suspicious of carrying drugs. Even if a driver pass a red light by accident, they will stop that person and search for drugs, when they were only suppose to stop the person because he violated the rule. It is very critical and scary to be stop by a policeman, they are suppose to be the one protecting us, but they are putting us at risk at the same time. The fact that some people do not realize that, hurts. It is not normal, for people to be stop just because of the way
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
On September 11, 2001, the United States was attacked by a group of Islamic terrorists who hijacked four airplanes and carried out three simultaneous suicide attacks against the Pentagon and the World Trade Center. As a result of the multiple crimes, the United States’ government increased national security and prioritized our nation 's’ defense, often at the expense of the people’s privacy, by enacting policies like the Patriot Act (What is the USA Patriot Web 2011). This left personal emails, text messages, internet history, and personal belongings exposed to the government. Although the government reduced the public’s rights to privacy, it is a necessary step to ensure national safety and security.
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.