Week 5 Discussion

Week 5 Discussion 1

"The Fourth Amendment"  Please respond to the following:

· From the e-Activity, examine the difficulties associated with interpreting the specific words and phrases of the Fourth Amendment. Explain your rationale.

· First, take a position for or against the exclusionary rule.  Next, analyze the major ramifications of having or not having the exclusionary rule.  Justify your response.

Please also reply to the student

Carolyn June 

RE: Week 5 Discussion 1

Hello everyone,

From the e-Activity, the difficulties associated with interpreting the specific words and phrases of the Fourth Amendment begins: first, imagine you're driving a car, there has to be an actual real time certain degree of reasonable suspicion for the police officer to make a stop. Spotting a car, is not a reason to stop it unless the car that was spotted was speeding. The wordings or phrases are not decisive or clear about the police's actions, such as why does the police order the individual out of the car? Also, the police is not clear about the reasons for a search or an arrest. No, the police officer cannot search the car without probable cause. The police must be able to write and articulate his/her actions in a clear and legible manner in the case of a trial.

I support the exclusionary rule because it may be a form of protection for the offender or police, for example, the 'good faith' view, the case in which evidence collected by mistake with the belief that it was taken lawfully. Suppose a police officer took a suspect in for stealing shoes and inside a pair of the stolen shoes was the suspect's cell phone in which recordings of the suspect trying to sell a pair of shoes to someone on a social media site then that evidence was not gathered intentionally so it can be used against the suspect in a court of law.  Open for corrections.

Thanks,

CGJune

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Week 5 Discussion 2

"Search and Seizures"  Please respond to the following:

· Go to the Illinois State Bar Association Website and read the article titled, “U.S. Supreme Court Says ‘No’ to Cell-Phone Searches Incident to Arrest” located at  http://www.isba.org/ibj/2014/09/ussupremecourtsays%E2%80%98no%E2%80%99cell-phonesea . Examine the court’s decision as it relates to cell phone searches incident to arrest. Based on all available information, agree or disagree with the court’s decision. Provide a rationale for your response.

· Compare and contrast vehicle searches and inventories and indicate the most important differences between the two (2) as they relate to law enforcement officers.  In your own opinion, do you feel that law enforcement officers should be allowed to conduct vehicle inventories without warrants issued by judges?  Provide a rationale for your response.

Please also reply to the student

James Simmons 

RE: Week 5 Discussion 2

I agree with the court’s decision to require a search warrant prior to searching the contents of a person’s cell phone.  I further understand that in some cases, a cell phone may have incriminating evidence and will assist in prosecuting the perpetrator for crimes committed.  The requiring of a search warrant will also lessen the chances for police to search the contents of individual’s cell phone at will.

 

If police suspected incriminating information is on a cell phone during an incident subsequent to an arrest; the officers still have an opportunity to articulate the situation to a judge and request a search warrant requesting that data is extracted from the phone by forensic analysis.

   

It is required to conduct an inventory of a vehicle that has been impounded.  The inventory is conducted to protect the state from future liability in regards to missing property and or damages to the vehicle.  The inventory is conducted and documentation prepared.  In the event authorities find contraband and or illegal items during the inventory, law enforcement can seize the property as evidence for pending arrest and criminal trial proceedings.  The search of a person’s vehicle by law enforcement differs in that it requires probable cause or consent to search from the vehicle owner.

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