Constitutional Issues

In: Other Topics

Submitted By Pats4real
Words 416
Pages 2
Two police officers were patrolling in a high-crime neighborhood. They noticed a parked car with two people inside (a driver and a passenger). The officers saw a young woman leaning into the passenger's window and handing the passenger an object, which they could not identify. At this point they approached the car and the woman began to walk away.

One of the officers noticed the passenger making a shoving down motion, leading the officer to believe that the passenger might be armed. The officer drew his gun and shouted "let me see your hands." After making more shoving down motions, the passenger complied. The officer reached into the car and touched a bulge in the passenger's pocket. He felt large, hard objects which he believed to be rocks of crack cocaine. He then removed a plastic bag from the pocket. It contained several rocks of crack cocaine that, together with another rock found in the passenger's clothing, totaled almost 100 grams. The passenger was arrested, but the driver and the woman standing outside it were not.
Should the passenger's motion to suppress the seized evidence be granted?

On a routine patrol, an officer noticed a parked car. Two people were inside, and they were in a high crime area near a bar that was known for gang activity. In the past, the officer had responded to calls from the bar for everything from murder to public intoxication. The officer testified that he stopped to see if the individuals were committing a crime, lived in the area, or had some other concern. When the officer pulled behind the car and illuminated the car with his spotlight, he observed the passenger fumbling with something on the floorboard. As the officer was checking for identification, he noticed a bullet on top of the console of the car. The officer had the individuals step out of the car to ensure that they did not have any weapons. After frisking them…...

Similar Documents

Constitutional Law

...Hamdi v. Rumsfeld Issue When a U.S. citizen is labeled as an enemy combatant, is he entitled to the constitutional protections of due process? Holding and Reasoning(O’Connor, J.) Yes. A U.S. citizen accused of being an enemy combatant must be afforded an opportunity to be heard by a neutral decision maker. The Fourteenth Amendment of the Constitution guarantees the right to due process under the law. Furthermore, absent suspension, all persons detained in the United States have the right to habeas corpus. This means that an individual accused of criminal activity cannot be detained indefinitely, with no trial, no counsel, and no ability to petition for freedom if he is wrongfully imprisoned. In the case of a citizen, like Hamdi, who is alleged to be an enemy combatant and the right to habeas corpus has not been suspended, there are competing interests: on one hand, there is the individual’s personal interest in physical liberty; on the other hand, there is the government interest in the safety of the American people, and preventing enemy combatants from committing further crimes. These interests must be carefully balanced in coming to a decision about the constitutionality of detaining enemy combatants. Therefore, this court finds that a citizen-detainee must be afforded notice of the crimes with which he is charged and the factual basis for them, and he must also be given an opportunity to refute the charges before a neutral decision maker. Under these criteria, Hamdi......

Words: 1061 - Pages: 5

Constitutional Provisions

...CONSTITUTIONAL PROVISIONS Collaborative Learning Community: Constitutional Provisions Collaborative Learning Community: Constitutional Provisions The Arizona constitution defines the laws of the state as the effects it has on counties, insuring that all counties follow the same basic laws. While many of the funds for Arizona’s educational system come from the sale of public lands, in the early 1900’s, article ten specifies the sources of revenue and maintenance of state educational institutions. There is a possibility the community could gain the approval of the Governor to become a municipal corporation that is self-governing. The local governments are better able to handle the many differences (McClory T., 2010, p. 165). Counties The Arizona constitution guarantees that no one county would have more power than another; by keeping the officer’s terms, elections, and roles the same. The people of Arizona are ensured that they will continue to be directly involved with their government. If a decision is made to allow the counties with over 500,000 citizens, this situation could propose chapters to better serve their citizens. The Arizona constitution affects the counties of the state in various aspects which are outlined in article twelve of the document. Article twelve has nine sections that outline the laws which govern the counties of the state. Section one and two of the document identifies the organization of the counties;......

Words: 1159 - Pages: 5

Constitutional Law

...Beatson). Rouse Ball himself was not a constitutional lawyer, but I like to think that the constitution is a subject that would have appealed to him. Among his other activities, puzzles of different kinds fascinated him. He wrote a book called Mathematical Recreations and Essays, and founded the Pentangle Club for ‘Cambridge men interested in conjuring’. Perhaps he would have been entertained by the constitution, which seems to me to flourish in the gaps between appearance and reality: that which is not is made to appear to be, and the processes producing that which is will often be disguised by showmanship and magic incantations. For, as both Peter Ackroyd and Professor Ian Ward have pointed out, England and its constitution are islands of visions.8 When one widens the angle to look at the constitution of the United Kingdom, rather than just of England, we encounter a sea of conflicting visions. The constitution, as a single set of rules, is very hard to pin down. I should make it clear at the outset that I am not talking about the 8 Peter Ackroyd, Albion: the Origins of the English Imagination (London: Chatto & Windus, 2002), pp. xix, 20-21; Ian Ward, The English Constitution: Myths and Realities (Oxford: Hart Publishing, 2004), esp. chs. 1 and 5. 4 absence of a codified constitutional document. That is a relatively trivial, formal matter. I am concerned not with the form but with the substance and function of constitutional rules: what they require and what they...

Words: 10282 - Pages: 42

Constitutional Rights

...Constitutional Rights Constitutional Rights Constitutional rights are rights given to the people by the U.S. Constitution, and in particular, the Bill of Rights, and (first ten amendments). These amendments re going to include writ of habeas corpus, no bill of attained, no duties or taxes on transporting goods from one state to another, jury trials, freedom of religion, speech press, assembly, and petition, state militia to bear arms, no quartering of troops in homes, no unreasonable search and seizure, major crimes require indictment, no double jeopardy for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain, in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel, trial by jury, etc (Szypszak, 2011). This paper is going to discuss the case of Korb v. Raytheon, 707 F. Supp. 63 (D. Mass. 1989) and the challenges that were faced with the constitutional rights, and discuss some other case that support the analysis of this case. Facts, Issues, & Rule: Korb v. Raytheon Raytheon was a large corporation that built equipment for the U.S. military, and Korb was an employee that was hired by the company for a brief period of time as a vice-president in their Washington, DC office. The Massachusetts Supreme Court summarized the facts of this case: In December, 1985, with Raytheon's permission, Korb joined the......

Words: 3345 - Pages: 14

Constitutional Reform

...Constitution’. It is, indeed, an extremely significant part of our culture and history, as well as being central to our system of Government. It will therefore be necessary to begin any discussion of the constitutional issues involved in its abolition by outlining the current functions of the head of state in Britain. As ‘a state without a monarch is a republic’, it will then be necessary to consider the constitutional issues which would be implicit in giving effect to such a republic. These issues will include decisions as to the type of president we would have, how they would be selected, and the scope and extent of powers they would possess. This discussion is not intended to be one of the relative merits of a monarchy versus a republic: indeed, the decision to abolish the monarchy has already been made. Rather, it is an attempt to answer the question of how this central feature of our constitution could be replaced. In answering this question, I will look to a possible alternative, namely an elected president, and determine whether, and on what basis they could take over the functions of the monarch. Other constitutional issues regarding the selection of such a President must then be considered, along with other constitutional issues arising in this context. As a preliminary issue, it should be noted that in this hypothetical situation, it is Prince Charles, or rather King Charles III, who is on the throne. The Queen’s reign has ended and the Crown automatically......

Words: 3236 - Pages: 13

- Constitutional Issues in Criminal Procedure

...Writing Assignment- Constitutional Issues in Criminal Procedure CJC 3110- Spring 2011 April 24, 2011 The Goal most directly associated with my topic is course Goal 1: “Articulate the procedural considerations in the handling of criminal cases.”, and my personal interest in the Fifth Amendment: Due Process and Obtaining Information Legally. My curiosity has always been in the scope of the law surrounding the criminal justice, but more specifically I like to know in more detail about how to obtain the information and the confessions in such a manner that it will not be tossed out of the court. A piece of evidence can make or break the case. If that evidence is not collected properly than the prosecution is looking at a huge loss. Knowing this information is not only helpful in the criminal justice career, but also in our everyday personal lives. If a person caught in a situation where they are being interrogated by the police, it’s good to know what to expect and the full rights. One more key interest in the Fifth Amendment is the Miranda rights and the details surrounding when the rights are given, told, to the person. The objective is to show how cases are handled, and how Fifth Amendment plays one of major roles in the handling of criminal cases. The details of the case are important, and knowing when to make a move and ask certain questions, or making someone confess. Due Process is such an important concept of American law that no precise definition accurately......

Words: 1610 - Pages: 7

Constitutional Issues

...Constitutional Issues A. Prior restraint is a concept or legal term referring to a government's actions associated with the First Amendment, freedom of speech, and the prevention of publishing materials. It generally comes in the form of a judicial orders called injunctions and in some cases referred to as censorship. The primary purpose is to prohibit speech in advance of publications, such as preventing specific documents from being released to the public or being published in articles in magazines and newspapers. In most cases, the government attempts to suspend the progress of ongoing publications and prevent their resumptions. Censorship that requires a person to seek governmental permission in the form of a license or imprimatur before publishing anything constitutes prior restraint every time permission is denied. Prior restraint also occur when there is a court order which prevents a particular gathering or assembling of a group from happening; or a policy of requiring licenses or permits before such assembling can occur. B. Sedition is an act of provoking discontent or rebelling against a government or authority. Also defined as an action by speech or writing promoting discontent or rebelling against a government or authority. Sedition has been referred to as mutiny and treason. C. Actual malice actual malice, which it defined as a defendant’s publication of a statement either 1) knowing it was false; or 2) exercising reckless......

Words: 344 - Pages: 2

A Constitutional Chaos

...A Constitutional chaos. On September 17th, 1787, The Constitution of the United states of America was signed by the delegates on the conclusion of the Constitutional Convention in Philadelphia. Weeks later after many arguments between the same delegates about other rights of American citizens, the Bill of Rights was written to solidify all of the basic individual freedoms of the people. It was on this document that several laws were written and many great freedoms given. But because these amendments didn't give a specific definition of these freedoms and rights problems ranging from wars being fought because of conflicting ideals in people to poor moral choices being unjustified because there is no line drawn to decide how far things will go; and the vague rules that allow and cause these things to happen need to rewritten . To learn where it all this mess starts is easy; it starts almost immediately after the signing of the Constitution. The document states that there will be freedom of speech, assembly, the right to bear arms, and other freedoms. The cause of one of the first issues that plagued America was not whether the rules are fair and good or not, but who the rules and freedoms are meant for. This was cause of the continuation of slavery in America even after men were supposed to be free because the Bill of rights did not state that a man, either black or white or red or green, has these freedoms. It just simply says that the citizens of America have these......

Words: 1250 - Pages: 5

Constitutional Rights

...CONSTITUTIONAL RIGHTS Our handbook, written by Kenneth Peck gives us some insight into the constitutional rights associated with criminal justice employees. It covers such areas as freedom of speech, search and seizures, self incrimination, religious practices, sexual misconduct, residency requirements, moonlighting, misuse of firearms, alcohol and drugs and drug testing. The state has a vital interest as an employer in regulating the speech of its employees with reasonable restrictions. The restrictions cannot be overly broad or in a way in which the government action is implied. Agencies may regulate/restrict the political behavior of employees. Without this employees can be pressured by superiors to support certain candidates, political activities or other activities that may impair the effectiveness and efficiency of the organization or them doing their jobs. The Fourth Amendment rights in regards to search and seizure cover the employee when they are off duty or at home just as it applies to everyone else. However, equipment supplied by the organization, such as lockers, desks, computers, patrol cars, uniforms, etc. are not protected by the Fourth Amendment. Even the employees, themselves, during work hours are considered a part of the department’s equipment and the individual may be used in a police lineup if necessary. The right to plead the Fifth Amendment does not necessarily apply to criminal justice employees providing that the officer has been......

Words: 731 - Pages: 3

Constitutional Rights

... Constitutional Rights: Another Angle of Freedom of Speech Maria Ibanez PAD 525 Constitutional and Administrative Law Dr. Glenn L. Starks May 25, 2014 Abstract Traditionally, freedom of speech has been perceived as a fundamental right guaranteed under our federal constitution to express whatever we please, whenever we please and wherever we please. Nevertheless, we must be aware that some speech may be subjected to restrictions and that not all speech is protected. Moreover, the language of the first amendment specifically mentions the prohibition of state laws against abridging freedom of speech. Similarly, the U.S. Supreme Court has held that the government may limit and regulate its content when duly necessary. Constitutional Rights: Another Angle at Freedom of Speech Although the Supreme Court has historically dedicated efforts into chartering the boundaries of freedom of speech, the ones evolving from the First Amendment, its representational approach is still defective (Blocher, 2014). The free exchange of ideas does not seem to completely pass the test of common sense and keeps opening room for personal misinterpretation and misunderstanding over the privileges and limitations of private speech. First Amendment Special Protections The First Amendment special protections were designed to safeguard freedom of speech from state action, and do not concern itself with private expression. In the case of Korb v. Raytheon, the defendant proposed that a federal question......

Words: 1976 - Pages: 8

Constitutional Law

...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any reg­u­lation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority can­not be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sus­tain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sov­ereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exer­cise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states......

Words: 8496 - Pages: 34

Constitutional Reform

...“Constitutional reform since 1997 has not gone far enough.” Discuss. I agree with the view that constitutional reform since 1997 has not gone far enough to a large extent. The House of Lords Act of 1999 has reformed the House of Lords, the Human Rights Act of 1998 was an important area of constitutional reform, as well as the Freedom of Information Act of 2000 and the devolution of powers. The electoral system used in the UK has also been subject to discussion over reform however all constitutional reform can be said to have not gone far enough. The House of Lords Act of 1999 removed all but 92 hereditary peers from the House of Lords. This meant that the House of Lords could be seen as more legitimate as both unelected and not appointed peers would be seen as undemocratic and illegitimate. The removal of hereditary peers means that the House of Lords are more confident in their role in scrutinising and blocking legislation as they feel more legitimate. An example of the House of Lords exerting this role is the blocking of NHS reform which led to the government rethinking and amending plans, as well as the Hunting Act 2004. However reform of the House of Lords could be said to have not gone far enough, 92 hereditary peers still remain in the House of Lords, and the Liberal Democrats call for a wholly elected upper chamber, to make Parliament fully accountable. The House of Lords are also limited in the fact that they can only delay legislation for up to a year and therefore...

Words: 991 - Pages: 4

Constitutional Policing

...Constitutional Policing Tina Dotson CRJ 201: Introduction to Criminal Justice Instructor: Raymon Keefauver March 2, 2015 I will be addressing three separate cases where defendants who went before the courts stating that their constitutional rights had been violated by law enforcement. While discussing these cases separately I will discuss the main issue, what presidents and or laws the courts might have used to come to their decision, then I will identify how the court applied these laws to the facts and then I will conclude with whether or not these three cases shaped any standards of the constitutional searches and seizures in the United States. The first case that I will address is, Weeks v. United States. The issue presented in this case is the defendants belongings were taken out of his home by law enforcement officers without a warrant. The officers had broken into his home without the defendant their and removed books, papers, bonds, and so on. The defendant went before the court and petitioned them to have his property returned to him. In his petition he stated that according to sections 11 and 23 of the Missouri Constitution, and the 4th and 5th amendment were violated. The courts did order the return of the property that was not pertinent to the charges. The defendant did petition the court one more time before the trial for the rest of his property and that one was denied. In the end of this case the court unanimously ruled......

Words: 1077 - Pages: 5

Constitutional Law

... SCHOOL OF POSTGRADUATE STUDIES, FACULTY OF LAW SEMINAR PAPER ON COMPARATIVE CONSTITUTIONAL LAW COURSE TITLE: A COMPARATIVE ANALYSIS OF THE PROVISIONS OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY (CHAPTER 2) 1999 CONSTITUTION OF NIGERIA AND THE 1992 CONSTITUTION OF GHANA. PRESENTED BY: IWEBAFA GIFT ODIBO MAY 2014 I. Introduction Chapter two of the Nigerian Constitution of 1999 (as Amended) and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an......

Words: 4486 - Pages: 18

Pol 303 Week 3 Dq 2 Constitutional Issues Related to Same-Gender Marriage

...POL 303 Week 3 DQ 2 Constitutional Issues Related to Same-gender Marriage To Buy This material Click below link In 2012 the Armed Services Committee of the House of Representatives adopted, by a party-line vote, an amendment to the military defense budget for 2013 that would prohibit same-gender marriage ceremonies in base chapels serving members of the U.S. Armed Forces. If this amendment is enacted into law, it will change current Defense Department policy that allows use of chapels for religious marriage ceremonies on sexual-orientation neutral basis. If by law the government denies a same-gender military couple permission to hold a religiously authorized marriage ceremony in a base chapel, would such denial violate the Constitution? Respond to this question in your initial post. Fully explain the constitutionally-based reasons for your position, considering both the Due Process and Equal Protection Clauses and the following cases: The Supreme Court’s unanimous decision in Loving v. Virginia (1967). The rationales of the Supreme Court’s majority or dissenting opinions in Lawrence and Garner v. Texas. The rationales of the Court’s majority or dissenting opinions in United States v. Virginia (the VMI case). The rationales of various judicial opinions in recent federal court litigation about the constitutionality of California’s Proposition 8 outlawing......

Words: 285 - Pages: 2