The Case Of Timothy Ivory Carpenter Vs United States

Timothy Cole was convicted of Aggravated Sexual Assault on September 17th 1998. Timothy Cole was a 26-year-old young man who used to attend Texas Tech as a business major. While he attended Texas Tech, the police was looking for a serial rapist known as the “Tech Rapist”. It was March 24th 1985 when the crime that wrongfully convicted Mr. Cole occurred. It was a dark night when 24-year-old Texas Tech student Michele Mallin parked her car near a church to get to her apartment.

1. McCulloch v. Maryland (1819) a. Constitutional Question: Under the Article 1, Section 8 of the Constitution, did the Maryland law unconstitutionally interfere with congressional law? b. Background Information: Congress set up the bank of Maryland McCulloch argued that the Maryland tax was unconstitutional and had no authority to demand taxes from the bank in Maryland. James W. McCulloch was a cashier at the Baltimore Branch and refused to pay the taxes.

The 4th amendment states that the right to privacy should not by violated by conducting unreasonable searches and seizures. In the hudson v. Palmer case, an inmate named Russel Palmer sued Ted Hudson who was an officer at the Virginia prison. Palmer stated that the officer had conducted a shakedown of his locker and cell in the attempt to find hidden contraband. After the search turned out to be unsuccessful, Officer Hudson, then charged Palmer for destroying state property, as they found a ripped pillow case in his cell. Ted Hudson won the case, as the court stated that the right to privacy does not apply within a prison cell.

The case of Terry v. Ohio tests the limitations of the fourth amendment. On October 31st, 1963, three men were acting suspicious on the streets of Ohio. A police officer noticed three men walking back and forth and peering into a store as if they were planning to rob it. They continued doing so and ended up meeting with another person. At that point, officer McFadden approached to stop and frisk for any weapons or drugs.

“Riley v. California”) Bensur and Brokamp say in their article that in court, Riley claimed that his Fourth Amendment right was violated because the officers did not have probable cause also called reasonable suspicion to examine his phone. The case went to the Supreme Court and the judges agreed that the police had acted

The Fourth Amendment: The 4th amendment provides protection in regards to the issuance of warrants sans probable cause and protection against unreasonable searches and seizures. This amendment implements the limit of law enforcement power to conduct searches, seize property, and make arrests. The 4th amendment however does permit searches and seizures when reasonable justification as to why the police need to conduct a search is established. If an individual believes to have a well-founded expectation of privacy of the location or material being searched, the 4th amendment will be upheld. The 4th amendment is classified as the most significant in terms of criminal justice due to the fact police do not violate the fourth amendment by making reasonable mistakes, however, intentional ignorance of the law is not excused.

The fourth amendment protects citizens from unlawful search and seizure. In order for a search and seizure to happen the police have to have evidence in order to get a warrant which allows them to search the citizens luggage, house, etc. In some cases the government may go to far, or invade privacy of others, but in this case the government didn’t go to far and this is proven in DLKs case, thermal imager, and heat image. In DLKs case he was taking reasonable expectation of privacy in the activities he was doing in his home.

Several items were seized and later used to convict Chimel, and Chimel claimed this to be an infringement of his 4th amendment protection against an unreasonable search and seizure. When the case of Chimel v California eventually made its way to the Supreme Court, the Court held that the search was, in fact, unreasonable since the entire search of the home was not “within immediate control” of the arrestee, and that a search warrant must be obtained to search any space that is not within that area (i). The Chimel decision is crucial to the concept of cell phone privacy as it concluded that if a cellular device were to be placed in an area within that immediate control of the suspect, and incident to arrest, that device could legally be searched and seized and would be admissible in court as evidence against the

Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.

The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.

Constitutional Internment? The Japanese Americans were put in internment camps, but many people today wonder if it was constitutional or not. I do not agree with the Executive Order of 9066, but the even if I did it would not be constitutional. The Executive Order of 9066 was unconstitutional because multiple amendments and procedures were not followed.

Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. According to NBC News. Another shocking finding from this case was that by asking [Judge Aiken] to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so (Aiken). This came as a big shock to the nation because if the government was willing to ask for a dismissal of the lawsuit what else could they be doing behind our backs.

Is war really a battle fought between two nations or more? The oxford definition of war is a state of armed conflict between different nations or states or different groups within a nation or state. In relation to war, racial profiling can be seen as an undeclared war. An undeclared war is a term used for disagreement fought without an official declaration. The undeclared war between male minorities and police forces is a constant issue that is being surpassed in our society.

State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.

The fourth amendment protects us from many things, including the seizure of our property and possessions and unnecessary frisking. It was created to prevent the government and its branches from unlawfully violating privacy, and that’s how it should work, theoretically. Traditionally, a violation of our Fourth Amendment rights involved a physical invasion, like the seizure of papers or personal items, without a warrant. However, in this day and age, officers rarely need to physically violate this right to gain incriminating evidence. Many government agencies have a few skeletons in their closets when it comes to this.