...In 2012, Annie Dookhan, was a lab technician at the crime lab. Dookhan was arrested in Boston with charges of obstruction of justice and Perjury. It is said that Dookhan was responsible for testing substances brought in by police that appeared to be an illegal substance. It was noted that her work performance was above the norm by over 50% of her other coworkers. Dookhan was called Superwoman due to her testing over 500 samples in a month while the norm is 150 a month. This raised concern which started an internal investigation. During their investigation, it was determined that Dookhan had tested approximately 60,000 drug evidence samples during her employment in the lab. So far, over 1,400 samples were found to be tainted. After her arrest,...
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...CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE R.A. 9372. AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM (THE HUMAN SECURITY ACT OF 2007) 1. It created the crime known as terrorism and declared it to be “a crime against the Filipino people, against humanity, and against the law of nations”. II. Defines the crime of terrorism to be the commission of “any of the crimes of: A. Under the Revised Penal Code. i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters ii. Rebellion iii. Coup d’état iv. Murder v. Kidnapping and Serious Illegal Detention B. Under Special Laws i. Arson under P.D. 1613 ii. Violation of R.A. 6969 (Toxic Substance ad Nuclear Waste Control) iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968) iv. Hijacking v. Piracy in Phil. Waters and Highway Robbery vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand” III. Requirements for Terrorism A. The accused (maybe a single individual or a group) must commit any of the enumerated crimes B. There results a condition of widespread and extraordinary fear and panic among the populace i. The extent and degree of fear and panic, including the number of people affected in order to meet the term “populace”, are questions of facts...
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...UNITED STATES DISTRICT COURT WESTERN DISCTRICT OF MICHIGAN SOUTHERN DIVISION ESTATE OF ROLAND ROHM, by its Personal Representative, Geraldine Livermore, Plaintiff, vs. Case No. 1:04-CV-552 Hon. Richard Alan Enslen DANIEL LUBELAN, individually, JOHN JULIN, individually, JERRY ELLSWORTH, individually, STEVE HOMRICH, individually, DAVID BOWER, individually, jointly and severally, Defendants. _______________________________________/ Of Counsel: HILL AND ASSOCIATES, LLP DeClercq Druminski & Perlman James D. Hill (P88332) Anthony J. DeClercq Attorney for Defendant Attorney for Plaintiff 161 N. Clark St. 55171 Pacific Ridge Drive Chicago, IL 60601 Macomb, MI 48042 (913) 706-9986 (586) 321-7630 JamesDonaldHill@gmail.com decler16@msu.edu January 12, 2002 DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS Table of Authorities........................................................................................................ii Issues Presented...............................................................................................................1 Statement of Facts...........................................................................................................1 Summary of the Argument..............................................................................................3 Standard of Review................................
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...The “How Kristin Died” case study discusses the inherent problems with organizational design and how it can have tragic implications for innocent victims. The case discusses the murder of Kristin and the difficulties she encountered when dealing with our bureaucratic system. For Kristin the court system failed her and this case outlines how the inefficiencies in the system can have a profound negative impact on other individuals too. Much of this case is related to organizational theory. Organizational theory is about organizational design/structure, the relationship organizations have with their environment and how individuals act within that framework. It is important to public administration because public administration is not exempt to the issues associated with design and structure such as redundancy and hierarchal roadblocks. In addition, public administration has a unique relationship with the environment as it can shape the environment it operates in dramatically. Communication issues within public administration are readily abundant as this case shows. Lastly, understanding of how individuals behave in the framework of public administration can shape how executives, middle managers and street-level bureaucrats act and perform their jobs accordingly. Understanding how organizational theory works and the impact it has on public administration may potentially prevent tragedies like Kristin’s from occurring again. Organizational structure is how an organization is setup...
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...Technology seems to develop at the speed of time. There is always something new and exciting on the horizon that someone is talking about. The last place that you would think you would have a negative experience with technology is on vacation; trying to enjoy the sun atmosphere of a place other than home. This is exactly what happened to my Uncle Bob; he was stopped for speeding in Florida. He answered the Law Enforcement Officers’ questions calmly and was then placed into the back of his cruiser. The process by which the Officer obtained the information is very routine; personal, one-on-one conversation. Many people do not realize it but when they are talking to an officer of the law, that person is constantly being evaluated; verbal and non-verbal. The officer is always taking in information no matter now simple is may seem. While Uncle Bob was being questioned he provided the following: his name, birth date, height, and weight, and resident state. As this is the basic form of information gathering the officer then would have entered the information gathered into their regional type database. Once the officer relayed the specific data to the regional office or agency the bigger wheels started to turn. This would have been completed either via radio and the distant end using a searchable database to input Uncle Bob’s information or the officer might have had the means to affect this himself. Newer police cruisers have computers connected to the main regional office so the...
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...found guilty by the RTC of Digos, Davao del Sur. From the information filed by the police authorities upon the information given by Masamlok, allegedly a man defendant tried to recruit into the NPA, the police authorities arrest defendant and had his house searched. Subsequently, certain NPA-related documents and a firearm, allegedly issued and used by one Alias Cmdr. Pol of the NPA, are confiscated. Defendant denies being involved in any subversive activities and claims that he has been tortured in order to accept ownership of subject firearm and that his alleged extrajudicial statements have been made only under fear, threat and intimidation on his person and his family. He avers that his arrest is unlawful as it is done without valid warrant, that the trial court erred in holding the search warrant in his house for the firearm lawful, and that the trial court erred in holding him guilty beyond reasonable doubt for violation of PD 9 in relation to GOs 6and 7. Issue: If defendant’s arrest, the search of his home, and the subsequent confiscation of a firearm and several NPA-related documents are lawful. Held: Records disclose that when the police went to defendant’s house to arrest him upon the information given by Masamlok, they had neither search nor arrest warrant with them—in wanton violation of ArtIV, Sec 3 (now Art III, sec 2). As the Court held in Villanueva vs Querubin, the state, however powerful, doesn’t have access to a man’s home, his haven of refuge where his individuality...
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...Case #186 Beep! Beep! Ah a new text from the headquarters. Hooray! I am getting transferred to Las Vegas. By the way I’m Jacky Serov, oh Inspector Jacky Serov. I’m a cop in Los Angles, and I’m getting promoted to Las Vegas as an assistant commissioner. We finally landed in McCarran international airport. Soon we left for the headquarters. I rushed to the commissioner’s room and stopped. I sighed and went in. Hmm, he looked strict. His name was Commissioner Vince McMahon. I saluted him and sat. “Welcome aboard officer” he said. Then took a minute and said “186”. Excuse me sir I said. “Your room number, 186” he replied. Here we go to room number 186. I went in and sat right on my chair. I wandered and looked around for a second. Then took the cases file and studied it for some time. I was about to close the file when I noticed Case #186, I opened it and it wasn’t complete. I picked up the telephone and called an officer. After a minute he came in and said “Yes sir”. I told him about the file, and he told me the whole story. The case was about a robbery in a jewelry store owned by Mr. Crabs Smiler. The suspect was James Leone, son of Mr. Leone, a famous business tycoon. James was drunk that night after he stole some wine, from the local liquor store owed by Mr. Sammy Sterell. Then I told him to get all the files of the case, and after he got them I went to the commissioner. Without knocking, I went right in. He gave me a very disgusting look. Then I quietly sat, then said...
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...U.S. v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were...
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...immoral in our society. Actually what we do by misusing law, we do not care about the consequences. If we take a closer look to our society, we will find that there are many areas where the violations of law are very common. Misinterpretation of different sections is also available and which mainly leads to the flaw of law. By doing this the rate of corruption goes up. This law loop hole creates section violations, bribery, custodial death and others. The topic talks about a vast area which simply cannot be discussed easily. There are many problems that we have in our society. Here I have narrowed down the topic and will discuss about Section 54, 167 and 61 of Code of Criminal Procedure 1898. All these sections talks about arrest without warrant and detention rules. In our country, these sections are misinterpreted randomly and as a result it violates sections and makes way for corruptions. Actually political and some muscle man of our society does these unlawful things in the name of law to eliminate their obstacles legally. There is a case which deals with custodial death issues where police officers arrested a boy named Shamim Rubel, student of Independent University who was mercilessly beaten and later he died under police custody. Section 54, 61, 167 of Code of Criminal Procedure 1898 My research work is based on mainly section 54 and other section 61 and 167 comes...
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...program which will consist of the subject relevant to search warrants, forth variation, potential cause, reasoning relevant to warrantless queries, etc. This important process is to give 30 authorities the information relevant to the types of queries and warrant searches. A warrant is somewhat of an authorization slip. It grants officers permission to search a particular place or area at a particular time and seize particular items. For example, if investigators from the local division believe you're engaged in trafficking or distributing cannabis out of your place of residency, they may ask a judge or magistrate for a warrant permitting them to search the residency and remove any drugs they find. The 4th Amendment states that queries must be reasonable and specific. A few of the warrant-less queries are approval queries, queries occurrence to arrest, queries during an investigative detention, vehicle queries, management queries, boat queries, boundary queries, and plain view queries.(Criminal Rights, 2008). The authorities can only look in the place described in a warrant and usually can only take the exact assets that are described in the warrant. The authorities cannot search for a home if the warrant identifies the lawn, nor can they search for weaponry if the warrant identifies cannabis vegetation. However, this does not mean that authorities can only take those products detailed in the warrant. If, in the course of their query, law enforcement comes...
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...Criminal Evidence Act 1984? Section 24 of the police and criminal evidence act 1984 provides the statutory power for a constable to arrest without a warrant for all offenses. If the provisions of the act and this code are not observed, both the arrest and the conduct of any subsequent investigation may be open to question. 2 What does the Equality Act 2010 state about making an arrest? The person being arrested must be informed they are, even if it’s obvious, and the relevant circumstances of the arrest in relation to both the above elements. The custody officer must be informed of these matters on arrival at the police station. 3 State the two elements of arrest under Section 24 PACE. A lawful arrest requires two elements: * A person’s involvement or suspected involvement or attempted involvement in the commission or a criminal offence. Reasonable grounds for believing that the person’s arrest is necessary. * Both elements must be satisfied and; * It can never be necessary to arrest a person unless they are reasonable grounds to suspect them or committing an offence. 4 State one example of when a police officer may arrest without a warrant. 5 Explain what is meant by ‘necessity criteria’. It is the power of the arrest which is only exercisable if the constable has reasonable grounds for believing that is necessary to arrest the person. 6 Explain the statutory criteria in sub-paragraphs (a) to (f). A: To enable the name of the person in question to be...
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...Self Assessment Self Assessment: Search and Seizure Introduction Question 1 The rules of criminal procedure are derived primarily from: Question 1 options: a) the Fourth Amendment b) the Constitution c) the Fourteenth Amendment d) the Bill of Rights Question 2 Core due process rights include: Question 2 options: a) right to jury trial b) exclusion of unlawfully obtained evidence c) state must prove guilt beyond a reasonable doubt d) all of the above Question 3 The Fourth Amendment concerns: Question 3 options: a) confessions b) right to jury trial c) search and seizure d) due process Question 4 The Fifth Amendment concerns: Question 4 options: a) self-incrimination b) search and seizure c) photographic evidence d) cruel and unusual punishment Question 5 A defendant's right to counsel is derived from: Question 5 options: a) the Fourth Amendment b) the Fifth Amendment c) the Sixth Amendment d) the Fourteenth Amendment Applicability of the Fourth Amendment Question 6 A mother finds cocaine in her child's bedroom and calls the police. The evidence will not be suppressed because: Question 6 options: a) the child does not have standing b) there is no state action c) mothers are supposed to snoop d) it is considered abandoned Question...
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...Authentic Case Assessment on Laws Authentic Case Assessment on Laws The Fourth Amendment 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. The law that governs arrests, searches and seizures, and issuance of warrants (arrest warrants and search warrants) is the Fourth Amendment to the Constitution, above cited in toto. The Fourth Amendment is applicable only to government arrests as opposed to privately conducted ones, and in cases when the privacy of a person is intruded upon as when a search or arrest is conducted. The provision implicitly advances the exclusionary rule in criminal procedure which states to the effect that no evidence is admissible in court that was obtained in violation of the Fourth Amendment (Bacigal 2008 p.147). This rule was asserted in the landmark case of Mapp v Ohio, 367 US 643 (1961) where a woman’s house was searched by police authorities, who has acted on a tip that she was hiding certain bomb suspects, without a search warrant. Finding no bomb suspect, the police instead arrested her for the lewd pictures and books found in her basement on the strength of an Ohio law which prohibited their possession. After convicted in the lower court, a conviction that was affirmed by...
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...homework. 1. Under which section of PACE is the main power of arrest to be found? The main stop and search powers to which this code applies are set to tackle suspicions individuals without exercising their power of arrest. Officers may stop and search individuals authorised under section 44 of the Terrorism Act 2000. 2. Which 2005 Act of Parliament amended police powers of arrest? The Serious Organized Crime and Police Act 2005 3. 4. When can the police arrest a person? In some cases a person can only be arrested by a police officer with a warrant; in others she/he can be arrested without a warrant and not only by a police officer but by a private citizen. 5. What, according to s.117, can police use in order to carry out an arrest? Under Section 117 Police and Criminal Evidence Act 1984 (PACE), the police are empowered to use ‘reasonable force’ if necessary when exercising the powers conferred to them under that act. 6. What are police entitled to search an arrestee for? The police can stop anyone in a public place and ask you to account for yourself. For example, you could be asked to account for your actions, behavior, presence in an area or possession of anything. When the police stop you and ask you for an explanation, you don't need to provide your personal details. 7. What common law power of arrest has been preserved in s.26 PACE? Breach of the peace. 8. What power of arrest is associated with bail? A person accused of a bailable offence...
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...Title UNITED STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov...
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