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The pros of Terry v. Ohio case, is that the police officer was doing there job. They are trying to prevent crime from happening, and keeping the community safe. A example of that in this case would be, where the officer stopped and frisked the three men and then found out that there was weapons on two of them. The two of them were convicted of carrying a concealed weapon and sentenced to three years in jail. Think about it, what if the police officer did not do his job and did not stop and frisked them. Things may have been bad and get out of control. Overall, one of the cons that I can think of is; the search for weapons without probable cause is an unreasonable search but at the end, you could've argued with that, due to police officer safety.
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
Overall this was a great case to read. Arizona v. Hicks held that the 4th Amendment requires the police to have probable cause to seize items in plain view. Again the major facts of this case were that the police had initial entry into Hick’s apartment. Even though it took place without a warrant.
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
According to the Justice Kagan, in the case of Florida vs. Harris, “we considered how a court should determine if the “alert” of drug-detention during a traffic stop provides probable cause to search a vehicle” (Kagan).
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
In December 1965, a group of students from Des Moines, Iowa met at Christopher Eckhardt’s home in order to plan a protest. During the meeting, the students planned to wear black armbands throughout the holiday season to show public support for a truce in the Vietnam War. However, the principal of the school got word of the planned protest and quickly established a policy that stated any student wearing an armband would be asked to remove it. If they refused to do so, it would result in suspension. On December 16, 1965, the protest began and students Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day John Tinker experienced the same result by wearing his armband as well. All three students
The District of Columbia v. Heller plays an important role in shaping our right to keep and bear arms for self-defense by being the first court case that defines who can own guns for self-defend. The whole case is revolving around the Second Amendment and its meaning. Since the Second Amendment first enact into law in 1791, this prompts the court to look at it again. By understanding its original meaning, the court then can understand what intended to do and how it affects our current time. Before the Heller court case, States in America have its own laws on who can own and use guns. While some State is lax in their law...
Defendant Freddie Lee Hall filed a motion to declare Florida Statute 921.137 (Florida Statute) as contrary to Atkins v. Virginia (2002) and, thus, unconstitutional. Hall, convicted in 1981 for the murder of Karol Hurst, was initially sentenced to death in September 1982. For three years, he fought his sentence, filing “a motion to vacate, a petition for writ of habeas corpus and an application for a stay of execution, all of which were denied” . In 1986, the Eleventh Circuit Court of Appeals heard his appeal and reversed part of the lower court’s ruling, a decision granted when the court found Hall “entitled to a hearing on the issues of his absence from the courtroom and whether he deliberately bypassed his ineffective assistance of counsel claim” .
The Texas vs Johnson case didn't drastically change the way people viewed things. Yes, the trial caused a lot of uproar, especially in Texas because of its patriotism, but it wasn't a case in which a law or amendment needed to be changed but rather was a case in which an amendment needed to be understood. Johnson’s act of burning the American flag in front of Dallas City Hall, in order to protest the Reagan administration during the Republican National Convention, was deemed as a sign of “symbolic” speech. Johnson’s act was ruled to be protected by the first amendment because speech was considered more than just the written word. The Supreme Court ruled it as such because of prior cases such as “Stromberg v. California” and “Tinker v. Des
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
This essay will discuss the pros and cons of gun control. Some U.S. States have already adopted some of these gun control laws. I will be talking about the 2nd amendment, public safety, home safety, and do gun control laws really control guns. I hope after you have read this you will be more educated, and can pick your side of the gun control debate. So keep reading and find out more about the gun control laws that the federal and some state governments want to enforce on U.S. Citizens.
The pros are it helps ensure fair trials. A fair trial is the main focus on the Exclusionary rule is applied today. It is not just for the purpose of a conviction under the officer’s belt. It also controls law enforcement misconduct. It helps avoid the unlawful searching due to the exclusionary rule it is dropped the unlawful searches drastically. Another positive is that it helps the defendant out. If the evidence has been obtained illegally, the exclusionary ruled is extremely beneficial to the defendants. The exclusionary rule helps protect the innocent. For example, it can avoid somebody being framed them or pin a crime on somebody. The exclusionary rule will have a direct impact on the case against the innocent