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Fourth Amendment--Requiring Probable Cause for Searches and Seizures Under the Plain View Doctrine Elsie Romero
Journal of Criminal Law and Criminology Volume 78 Article 3 Issue 4 Winter Winter 1988 Fourth Amendment--Requiring Probable Cause for Searches and Seizures under the Plain View Doctrine Elsie Romero Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Elsie Romero, Fourth Amendment--Requiring Probable Cause for Searches and Seizures under the Plain View Doctrine, 78 J. Crim. L. & Criminology 763 (1987-1988) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7804-763 THE JOURNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 78, No. 4 Copyright @ 1988 by Northwestern University, School of Law Printed in U.S.A. FOURTH AMENDMENT-REQUIRING PROBABLE CAUSE FOR SEARCHES AND SEIZURES UNDER THE PLAIN VIEW DOCTRINE Arizona v. Hicks, 107 S. Ct. 1149 (1987). I. INTRODUCTION The fourth amendment to the United States Constitution pro- tects individuals against arbitrary and unreasonable searches and seizures. 1 Fourth amendment protection has repeatedly been found to include a general requirement of a warrant based on probable cause for any search or seizure by a law enforcement agent.2 How- ever, there exist a limited number of "specifically established and -
Drawing a Line Between Terry and Miranda: the Degree and Duration of Restraint Katherine M
Drawing a Line between Terry and Miranda: The Degree and Duration of Restraint Katherine M. Swifit INTRODUCTION A felon answered the door in his underwear. Three police officers and three parole officers were there to search his apartment for a gun on the basis of a tip from his mother.! The police handcuffed him in the hallway outside his apartment, but told him he was not under ar- rest; the handcuffs were for his safety and the safety of the officers. Then they took him inside and asked about the gun, which he told them was in a shoebox on the table. The police never read the suspect his Miranda warnings. Was he "in custody"? Or was this merely a tem- porary detention? Mirandav Arizona' held that police may not interrogate a suspect who has been taken into custody without first issuing the familiar warnings Investigative stops, valid under Terry v Ohio,' are not sub- ject to Miranda's notice requirements.! Courts have not settled on a workable rule for determining custody in Terry stop cases. Part of the problem is that custody cases involve so many factors.! But more im- portant, coercive police behavior that would have required Miranda warnings in 1966 often is deemed reasonable under Terry today. This has led to a circuit split over whether coercive Terry stops constitute Miranda custody. The First, Fourth, and Eighth circuits hold t B.A., BJ. 1998, University of Missouri-Columbia; J.D. 2006, The University of Chicago. I The facts used in this example are drawn from United States v Newton, 369 F3d 659, 663 (2d Cir 2004). -
Reasonable Suspicion and Mere Hunches
Vanderbilt Law Review Volume 59 Issue 2 Article 3 3-2006 Reasonable Suspicion and Mere Hunches Craig S. Lerner Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Criminal Law Commons Recommended Citation Craig S. Lerner, Reasonable Suspicion and Mere Hunches, 59 Vanderbilt Law Review 407 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol59/iss2/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Reasonable Suspicion and Mere Hunches Craig S. Lerner 59 Vand. L. Rev. 407 (2006) In Terry v. Ohio, Earl Warren held that police officers could temporarily detain a suspect, provided that they relied upon "specific, reasonable inferences," and not simply upon an "inchoate and unparticularized suspicion or 'hunch."' Since Terry, courts have strained to distinguish "reasonablesuspicion," which is said to arise from the cool analysis of objective and particularized facts, from "mere hunches," which are said to be subjective, generalized, unreasoned and therefore unreliable. Yet this dichotomy between facts and intuitions is built on sand. Emotions and intuitions are not obstacles to reason, but indispensable heuristic devices that allow people to process diffuse, complex information about their environment and make sense of the world. The legal rules governing police conduct are thus premised on a mistaken assumption about human cognition. This Article argues that the legal system can defer, to some extent, to police officers' intuitions without undermining meaningful protections against law enforcement overreaching. -
Dancing Through the City and Beyond: Lives, Movements and Performances in a Romanian Urban Folk Ensemble
Dancing through the city and beyond: Lives, movements and performances in a Romanian urban folk ensemble Submitted to University College London (UCL) School of Slavonic and East European Studies In fulfilment of the requirements for the degree of Doctor of Philosophy (PhD) By Elizabeth Sara Mellish 2013 1 I, Elizabeth Sara Mellish, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signed: 2 Abstract This thesis investigates the lives, movements and performances of dancers in a Romanian urban folk ensemble from an anthropological perspective. Drawing on an extended period of fieldwork in the Romanian city of Timi şoara, it gives an inside view of participation in organised cultural performances involving a local way of moving, in an area with an on-going interest in local and regional identity. It proposes that twenty- first century regional identities in southeastern Europe and beyond, can be manifested through participation in performances of local dance, music and song and by doing so, it reveals that the experiences of dancers has the potential to uncover deeper understandings of contemporary socio-political changes. This micro-study of collective behaviour, dance knowledge acquisition and performance training of ensemble dancers in Timi şoara enhances the understanding of the culture of dance and dancers within similar ensembles and dance groups in other locations. Through an investigation of the micro aspects of dancers’ lives, both on stage in the front region, and off stage in the back region, it explores connections between local dance performances, their participants, and locality and the city. -
San Marcos Police Department
SAN MARCOS POLICE DEPARTMENT Policy 7.1 Constitutional Safeguards Effective Date: September 6, 2019 Replaces: GO 206, 207, 208 Approved: ______________________________________ Chief of Police Reference: TBP: 7.04 I. POLICY The federal and state constitutions guarantee every person certain safeguards from unreasonable government intrusion into their lives. These safeguards have become the cornerstone for the application of criminal justice in America. The department expects officers to observe constitutional safeguards. The department further expects that officers understand the limits and prerogatives of their authority to act. Respect for the civil liberties of all persons shall be the paramount concern in all enforcement matters. II. PURPOSE The purpose of this policy is to define the legally mandated authority for the enforcement of laws; to establish procedures for ensuring compliance with constitutional requirements during criminal investigations; to set forth guidelines concerning the use of discretion by officers; and to define the authority, guidelines, and the circumstances under which officers should exercise alternatives to arrests and pretrial confinement. III. THREE LEVELS OF ENCOUNTERS There are only three levels of encounters between civilians and police officers: consensual encounters, temporary detentions, and arrests. Detentions and arrests are considered seizures of the person for purposes of constitutional analysis. In order to be lawful a consensual encounter must be voluntary as seen through the eyes of a reasonable person. In other words, if a reasonable person would not believe he or she could simply walk away from the encounter, then the encounter shall be considered a seizure by the courts. In order to be lawful a temporary detention must be based upon reasonable suspicion, i.e. -
“The Visionary World of Joseph Smith.” BYU Studies 37, No. 1
BYU Studies Quarterly Volume 37 Issue 1 Article 10 1-1-1997 The Visionary World of Joseph Smith Richard Lyman Bushman Follow this and additional works at: https://scholarsarchive.byu.edu/byusq Part of the Mormon Studies Commons, and the Religious Education Commons Recommended Citation Bushman, Richard Lyman (1997) "The Visionary World of Joseph Smith," BYU Studies Quarterly: Vol. 37 : Iss. 1 , Article 10. Available at: https://scholarsarchive.byu.edu/byusq/vol37/iss1/10 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in BYU Studies Quarterly by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected]. Bushman: The Visionary World of Joseph Smith the visionary world of joseph smith severalpeopleseveral people around the time of josephofjoseph smith had visionary experiences opening a waymaypayforwayforforjor some to hear and receive the prophets unique messages richard lyman bushman in the fall of 1829 when the first proofs of the book of mormon were coming off E B andinsGrgrandinsgrandine press in palmyra solomon cham- berlin a restless religious spirit who lived twenty miles to the east broke a journey to upper canada stopping not far from the resi- dence of joseph smith sr born in canaan connecticut in 1788 chamberlin had joined the methodists at age nineteen moved on to the methodist reformed church about seven years later and then tried life on a communal farm where property was held in common following -
The Knock-And-Announce Rule and Police Arrests: Evaluating Alternative Deterrents to Exclusion for Rule Violations
\\jciprod01\productn\S\SAN\48-1\san103.txt unknown Seq: 1 3-JAN-14 14:43 The Knock-and-Announce Rule and Police Arrests: Evaluating Alternative Deterrents to Exclusion for Rule Violations By DR. CHRISTOPHER TOTTEN† & DR. SUTHAM COBKIT(CHEURPRAKOBKIT)‡ * Introduction IN ARRIVING AT THE DETERMINATION that the exclusionary rule no longer applies to knock-and-announce violations,1 the Supreme Court’s rationale in Hudson v. Michigan2 included the idea that factors other than exclusion exist to prevent police misconduct concerning the knock-and-announce rule.3 Particular examples of these alterna- tive factors relied upon by the Court are improved training, educa- tion, and internal discipline of police: † Dr. Christopher Totten is an Associate Professor of Criminal Justice (Law) in the Department of Sociology and Criminal Justice at Kennesaw State University. He has a JD and LLM from Georgetown University Law Center and an AB from Princeton University. He is the criminal law commentator for Volumes 46 through 50 of the Criminal Law Bulletin. ‡ Dr. Sutham Cobkit (Cheurprakobkit) is a Professor of Criminal Justice and Director of the Master of Science in Criminal Justice Program in the Department of Sociology and Criminal Justice at Kennesaw State University. He has a PhD in Criminal Justice from Sam Houston State University. * Both authors would like to thank the College of Humanities and Social Sciences at Kennesaw State University for providing a grant that partially funded the study described in this Article. 1. The knock-and-announce rule usually requires police to knock and to give notice to occupants of the officer’s presence and authority prior to entering a residence to make an arrest or conduct a search. -
Supreme Court of the United States
No. 18-556 IN THE Supreme Court of the United States STATE OF KANSAS, Petitioner, v. CHARLES GLOVER, Respondent. On Writ of Certiorari to the Supreme Court of Kansas BRIEF OF AMICUS CURIAE NATIONAL DISTRICT ATTORNEYS ASSOCIATION IN SUPPORT OF PETITIONER Benjamin A. Geslison Scott A. Keller BAKER BOTTS L.L.P. Counsel of Record 910 Louisiana St. William J. Seidleck Houston, TX 77002 BAKER BOTTS L.L.P. (713) 229-1241 1299 Pennsylvania Ave. NW Washington, D.C. 20004 (202) 639-7700 [email protected] Counsel for Amicus Curiae National District Attorneys Association WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20002 TABLE OF CONTENTS Page Interest of Amicus Curiae .................................................. 1 Summary of Argument ........................................................ 2 Argument .............................................................................. 4 I. The Kansas Supreme Court Misapplied the Reasonable-Suspicion Standard and Imported Requirements from the Beyond-a-Reasonable- Doubt Standard ........................................................ 4 A. Officers May Have Reasonable Suspicion by Stacking Inferences ........................................ 4 B. Officers May Rely on Common Sense and Informed Inferences About Human Behavior ........................................................................... 7 C. Officers Need Not Rule Out Innocent Conduct Before Making an Investigatory Stop ................................................................... 9 D. Delaware v. Prouse -
1 No. 119,266 in the COURT of APPEALS of the STATE OF
No. 119,266 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ERIKA YAZMIN ARCEO-ROJAS, Appellant. SYLLABUS BY THE COURT 1. Appellate courts use a bifurcated standard of review when considering a motion to suppress evidence. We review the factual underpinnings of the decision for substantial competent evidence, and we review the ultimate legal conclusion drawn from those facts de novo. Substantial competent evidence exists when a reasonable person could accept the evidence as being adequate to support a conclusion. While engaging in this review, we do not reweigh the evidence, assess witness credibility, or resolve evidentiary conflicts. 2. The burden is on the State to establish the lawfulness of a warrantless search and seizure. 3. The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights both protect individuals against unreasonable searches and seizures. Constitutional issues may arise when a law enforcement officer stops a vehicle 1 on a public roadway, and therefore restrains an individual's liberty, because the stop constitutes a seizure under the Fourth Amendment. 4. A police officer may perform a traffic stop if he or she reasonably suspects that the driver committed a traffic infraction. 5. Reasonable suspicion exists when a law enforcement officer has a specific, objective, articulable basis for believing that the person being detained is committing, has committed, or is about to commit a crime. 6. The existence of reasonable suspicion is a question of law. 7. If an officer executed a traffic stop without reasonable suspicion that the driver was committing a traffic infraction or crime, then the evidence discovered later during that stop may be suppressed under the exclusionary rule. -
STENTRIEVER THROMBECTOMY for STROKE WITHIN and BEYOND the TIME WINDOW Aitziber Aleu Bonaut
ADVERTIMENT. Lʼaccés als continguts dʼaquesta tesi queda condicionat a lʼacceptació de les condicions dʼús establertes per la següent llicència Creative Commons: http://cat.creativecommons.org/?page_id=184 ADVERTENCIA. El acceso a los contenidos de esta tesis queda condicionado a la aceptación de las condiciones de uso establecidas por la siguiente licencia Creative Commons: http://es.creativecommons.org/blog/licencias/ WARNING. The access to the contents of this doctoral thesis it is limited to the acceptance of the use conditions set by the following Creative Commons license: https://creativecommons.org/licenses/?lang=en TESIS DOCTORAL STENTRIEVER THROMBECTOMY FOR STROKE WITHIN AND BEYOND THE TIME WINDOW Aitziber Aleu Bonaut 2016 STENTRIEVER THROMBECTOMY FOR STROKE WITHIN AND BEYOND THE TIME WINDOW Memoria presentada por Aitziber Aleu Bonaut para optar al grado de Doctor por la Universitat Autònoma de Barcelona. Trabajo realizado en el Departament de Neurociencies del Hospital Universitari Germans Trias i Pujol bajo la dirección de Doctores Antoni Dávalos, Marc Ribo y Antonio Escartin. Barcelona, 2016 Doctoranda: Aitziber Aleu Bonaut Dr. Antoni Dávalos Errando Dr. Marc Ribo Jacobi Dr. Antonio Escartin Siquier A Dani. A Alai. A mi familia. A pohuvipre. Acknowledgements Entraña, generosidad, reconocimiento, agradecimiento, confianza, impulso, entraña.... y vuelve a empezar el ciclo. Al menos yo así lo vivo. Y puedo decir que eso me ha ocurrido con cada una de las personas a las que quiero dar las gracias. Esta es la parte que más me cuesta escribir de la tesis porque es muy difícil expresar lo que siento y porque seguro que se me olvida alguien. Van por adelantado mis disculpas por una cosa y por la otra. -
The Plain View Doctrine in the 1971 Supreme Court Case of the Coolidge V
If you have issues viewing or accessing this file contact us at NCJRS.gov. - .- .: .. ;.*~:...~~ ~:..~ ....... ~"'\.\':t.."''', Part I of this article discussed the development of the plain view doctrine in the 1971 Supreme Court case of The Coolidge v. New Hampshire 30 and considered the first of the three ele ments of a valid plain view seizure, the requirement that the officer have a pri Plain View or valid reason to be present within the premises or vehicle where the evi dence is observed. The conclusion of the article will continue the analysis of Doctrine the plain view doctrine, focusing on the two remaining requirements for a valid (Conclusion) plain view seizure: (1) The discovery of the item must be "inadvertent"; and (2) the item to be seized must be "immedi By JOSEPH R. DAVIS ately apparent" as contraband or evi dence of a crime. Special Agent Legal Counsel Division Inadvertence Federal Bureau of Investigation The second requirement for a Washington, D.C. valid plain view seizure is that the dis covery of the item be inadvertent. 31 Law enforcement officers of other This was the element of the plain view than Federal jurisdiction who are doctrine found to be lacking in the interested in any legal issue discussed facts of the Coolidge case, because in this article should consult their legal the officers knew the location of the adviser. Some police procedures ruled automobile for several days prior to the permissible under Federal seizure, had ample opportunity to ob constitutiona/laware of questionable tain a search warrant, and intended to legality under State law or are not seize the automobile when they en permitted at all tered on the suspect's propfl!ty.32 Jus tice Stewart explained the reason for the requirement that the discovery be inadvertent: "The rationale of the [plain view] exception to the warrant requirement . -
True Christian Baptism and Communion Joseph Phipps
Digital Commons @ George Fox University Historical Quaker Books George Fox University Libraries 1870 True Christian Baptism and Communion Joseph Phipps Follow this and additional works at: http://digitalcommons.georgefox.edu/quakerbooks Part of the Christian Denominations and Sects Commons, Christianity Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Phipps, Joseph, "True Christian Baptism and Communion" (1870). Historical Quaker Books. Book 3. http://digitalcommons.georgefox.edu/quakerbooks/3 This Book is brought to you for free and open access by the George Fox University Libraries at Digital Commons @ George Fox University. It has been accepted for inclusion in Historical Quaker Books by an authorized administrator of Digital Commons @ George Fox University. For more information, please contact [email protected]. "Si 9 Ch^ ^ TRUE CHRISTIAN BAPTISM AND COMMUNION. TRUE CHRISTIAN BAPTISM AND C O M M T J N I O I S r . BY JOSEPH PHIPPS. ■xjt«Xo<>- PHILADELPHIA: FOE SALE AT FRIEND'S BOOK STORE, No. 304 Abch Street, T K U E C H R I S T I A N BAPTISM AND COMMUNION. ON BAPTISM. OHN the Baptist was sent as a voice crying in the wilderness, to proclaim the approach of the Messiah; to point hira out, upon his personal ap pearance, to the jjeople; to preach the necessitj' of repentance for the remission of sins; and to baptize with water, as prefiguring the spiritual administration of the Saviour under the dispensation of the gospel, in baptizing with the Holy Ghost, to the purification of souls, and fitting them for an eternal inheritance with the saints in light.