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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
On March 24, 2016, officers were dispatched to a scene where a male subject was trying to gain entry into a vehicle using a hammer. Upon arrival officers made contact with a male subject who was later identified as Keith Hunt, the defendant, and the victim. The victim explained to the officers she was standing near the trunk of her vehicle when Mr. Hunt approached, He attempted to keep into her vehicle without permission; so she confronted the defendant and tried to secure her vehicle. Mr. Hunt demanded she give him the keys and her wallet. The victim stated the defendant had a hammer in his hand and was threatening her with it while he was telling her to hand over the property. They began to struggle over the keys and the victim screamed
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
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.
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.
The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.
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.
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
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 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.