In this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…
The responding officers had objective reasonableness to use excessive force due to strong suspicion that something has happened in the convenience store based on Officer O’Connor’s witnessing Graham’s speedily act prior entering the convenience store and exiting the convenience store. In addition, Officer O’Connor saw Graham get out of the car, and ran around two times before sitting down on a curb. According to Graham, he claimed, and suffered a broken foot, cuts on his wrists, a bruised forehead, and an injured shoulder and a loud ringing in his right ear that still continues till this day. The court articulated graham’s injuries alone constitutes that his 14th amendment right was violated and physical force by Officer O’Connor was not overplayed.…
Issue: Whether Mr. Howard’s 4th Amendment rights were violated when he was stopped and frisked by officers whose only basis for such a stop was an anonymous phone tip? Facts: Our client, Happy Howard, was carrying a concealed weapon while out at a festival. Upon raising his elbow, another citizen noticed the concealed gun and made an anonymous phone tip to the police.…
The United States Constitution’s 11th amendment also states that an officer must show that they had probable cause in order to have lawsuits brought against them dismissed. In situations involving police use of excessive force the 11th amendment; protections have had multiple successes due to death caused by a police officer. A majority of cases heard regarding probable cause often lead to a dismissal of charges, but the penalty is usually in monetary form as an end result of a lawsuit. The 11th amendment granted diversity jurisdiction to the federal courts, allowed lawsuits between a State and Citizens of another State called, Sovereign Immunity. The law is ethical and morally correct, but not successful in assuring police are charged…
Billings Police officer, Grant Morrison deprived Mr. Ramirez of his constitutional right to be protected by the fourth amendment and the fourteenth amendment and the right to unreasonable search and seizure and the right to be free from excessive police abuse and the right to be free from Grant Morrison's unlawful, reckless, and deliberate indifferent and conscience shocking deadly force. The Billings police department ie: Officer Grant Morrison and boss, Billings Police Chief Rich St. john acted in wrongful conduct which was deliberate in thoughts and actions by knowingly committing Maliciously, reckless disregard for the right and safety of a citizen of Billings, namely Richard Ramirez. What is sad and horrific in nature, are the actions of Billings Police Chief Rich St. John who created and fostered an environment with in the Billings Police Department of practices, customs and policies that encouraged and allowed…
The frisk was legal because the cop had reason to believe the defendant had a weapon. But once the cop saw that the defendant was unarmed the search should have stopped. By not doing so and continuing the cop violated the defendant’s fourth amendment rights. He did not have probable cause which is needed to do a full search. The case was dismissed due to the evidence being suppressed because of…
The 4th amendment is being violated in this scenario; for the 4th amendment states that; “U.S. citizens are protected from unreasonable searches of a person’s property.” Mrs. Jones was only being a good neighbor and friendly. But the police lied to her that way they could gain access to her house. Then they proceed to look around then arrest her when they find a bomb. Yes, arresting her would protect everyone else, but you have to have a warrant before you can even arrest anyone.…
History of Racial Bias with New York Police Department Stop and Frisk Policy New York utilize constitutional laws to govern its state, they relied on constitutional guidelines, for example; New York did not incorporate an express protection from unreasonable searches and seizures into the state constitution until 1938, relying instead upon Section 8 of the Civil Rights La. Section 12 of Article I of the State Constitution contains two paragraphs, the first identical to the Fourth Amendment and the second proscribing the unreasonable interception by the government of telephone and telegraphic communication. (Association of the Bar of the City of New York, n.d) N.Y. C.P.L. Law § 140.50 was established in 1976. The C.P.L. § 140.50 allowed police…
Katz analyzed different cases of racial profiling and assesses the outcomes of these various situations. It looks at how the Fourth Amendment has been applied in various racial profiling cases and how this affected the results from the prospective trials as outlined. Through an analysis of the outcomes of these cases, one can understand how racial profiling has become a significant aspect of the criminal justice system as well as the various steps in place to reduce the occurrence of racial profiling. The article gives a detailed analysis of different aspects of racial profiling and how it undermines criminal justice. VII.…
The 4th amendment, which is contained in the Bill of Rights, is a crucial part of the United States Constitution. This single sentence offers great protection to everyone, against government and its power. Although it was not always this way, this portion of the law that govern our great nation was inserted shortly after the establishment of The United States Constitution. Throughout history, there have been many cases where this single guideline has protected an individual, and through their case it has changed the way people’s privacy is respected, to include encounters with law enforcement. Although protection is of primary importance, there are also legal ways that law enforcement and government can circumvent this great protection.…
“The Fourth Amendment of the U.S. Constitution provides, "[t]he 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”( Interests Protected law.cornell.edu). Probable cause is if there something that's easily to tell that something's wrong or not right. Like if it's a murder scene or they can smell drugs or smell alcohol in the car. But very many cases are being dismissed because of the failure of the use of a search warrant. Even though that really isn’t a good thing it assures you because of the fourth amendment you can't go to prison because it’s a cop's word against a civilians.…
Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…
Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…
Jazmin Lara Ms.Matlen ERWC, Period 1 15 September 2016 Racial Profiling In the United States of America today, racial profiling has violated everything the United States of America stands for and represents. Authorities do not have the right to be allowed to stop, arrest, disrespect or harass any individual in America based on their appearance. The general statement made by Timothy Garton Ash in his work, Behind the ban, is that burkas in a free society is a form of expression and it needs be allowed.…
Introduction Stop and frisk tactics have been used to preserve public safety and officer well-being. A stop and frisk is a non-intrusive police stop and pat-down based on the reasonable suspicion in relation to a crime that has happened, will happen, or is in the process of being carried out (Cornell Law School, 2017). Stop and frisk situations are highly common and the reported instances have increased by approximately 7% annually (Hovhannisyan, 2006). However, the approach is highly controversial because it operates primarily on officers' perceptions and opinions, which opens the door to personal prejudices dictating the usage. This executive summary includes the advantages and disadvantages involved in stop and frisk procedures as well as the constitutionality and recommendations to improve the approach.…