...Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States Kirk H. Andersen Park University July 2012 Abstract One of the greatest rights the Founding Fathers of the United States of America gave to its citizens was the right against unreasonable search and seizure. This right is guaranteed under the Fourth Amendment of the Constitution of the United States. When this right is abridged by the government, what recourse does the citizen have to try and right this wrong? The appellate court system, up to the United States Supreme Court, was created to protect citizens rights. However, the courts have found, that under certain circumstances the government is capable of executing a search or seizure without a warrant as the Fourth Amendment so requires. This paper addresses exigent circumstances to search and seizure. Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States The Constitution of the United States is the basic document that governs the citizens of the United States of America. The framers of the Constitution wrote it with deep emotions in response to how the American Colonies had been treated under the British Crown. The Fourth Amendment, in particular, to protect citizens from unreasonable search and seizure, was written in response to how the colonist had been subject to writs of assistance, which were warrants that British Customs Officers and soldiers...
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...I AM A MAN OF VISION by Salome F Baria I am a man of vision. I dream to pursue every single strand of my aspirations. I desire to live in an atmosphere where I could enjoy my rights and privileges as a youngster, and liberty to do what I know is best for me and my generation. Thus, I have a mission. Mission to preserve my present world wherein I could satisfy my hunger and thirst for real freedom. My province Apayao is my world…my cherished place. Young ever as it is yet power packed with countless bounties. Patiently waiting for the perfect moment to be made known. Here I am! I stand and advance with much vigor and vigilance. I shall conquer the dynamo concealed within each corner of this region…for its own glory and for my advantage. Everything is perfectly beautiful in this place. The resources endowed by God. Vast mountain ranges and plains monopolized by income-generating privileges and reigned by exotic creatures. Matched by crystal clear streams and rivers inhabited by fellow living things. Oh how can I preclude myself from adoring this place? Nothing is to be compared absolutely. For from dawn to twilight, its radiance shall never fail. The culture of this place is a priceless treasure. It transcends through towns and villages and it is a unifying factor among all ages: be it young or old, fortunate and the less. Culture reflects the past, uniquely empowers the present, and foretells what life looks life ahead. It is indeed more than the tadek, baag, and...
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...Assessment Task: Critically assess management practices and the impact of culture upon them, including work, motivation, entrepreneurship, leadership and team-working. Impact of culture on work Management practices are task oriented and relationship oriented. Task oriented relationship is that in which the head fixates on the tasks which need to be accomplished in order to meet several goals or to complete a certain work standard. On the other hand, relationship oriented is a behavior dependent which could be the satisfaction focused by the leader as well as ordinary health of the team members. To illustrate this , Australian are task oriented in that they want to get a job done while Indians are more relationship focused; more interested in the way they work with other colleagues. Moreover in a task focused relationship there would be high turnover, whereas in the relationship focused the leader is trust worthy. Impact of culture on Motivation Motivation is a state arising in processes that are internal and external to the individual, in which the person perceives that it is appropriate to pursue a certain course of action directed at achieving a specified outcome (Rollinson ,2005, pp.189). Motivation depends on the relationship and cultural factors in which performance plays an important role. In task focused relationship progress and productivity of the individual is measured. On the other hand, in relationship oriented motivation, comfort and feelings...
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...Please ensure you have read the appropriate pages in your Programme Handbook before submitting this form. You should seek the advice of the relevant staff member (as detailed in the Programme Handbook), notifying them you are submitting evidence of extenuating circumstances. This form is confidential and will only be viewed by a minimal number of key people in order to make a fair decision on your application. |Faculty: | |School/Dept/Div: | | |Surname: | |Forename: | | |URN: | |Level: | | |Programme: | | Please tick the appropriate box to indicate the reason for your Extenuating Circumstances application: |1. Examinations (including non-attendance) | |Complete sections A, B and C | |2. Other assessments (including extensions) | | | |3. Periods of absence from Lectures...
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...Faculty of Business & Society Assignment Cover Sheet | | Module Code: | AF3S27 | | Module Tutors: | Ricky Li | | | | | | | Module Title: | Strategic Management Accounting and Performance Measurement | | | | | | | Submission Date: | Sunday, 11:59pm, 25th November, 2013 | | Return Date: | You work will be returned within 20 working days of the date of submission. | | | | | | | | | | | | Plagiarism Advice:You must not engage in plagiarism when completing your coursework as it is a form of deception. It is deliberately or carelessly passing off another’s written or oral work as yours. If you engage in it, or allow others to copy your work, your work (and theirs) will attract a mark of zero pending investigation. Plagiarism includes copying the words (spoken or written), ideas or research results of another without acknowledging the original of the source. Acknowledging (crediting) a source requires an entry in your bibliography. It also requires proper annotation and applies to both electronic and paper sources. If an allegation of plagiarism is subsequently confirmed under the University’s procedures for dealing with unfair practices in assessments, it will go on your record and will be disclosed to those specifically requesting such information to be given in references for students. Submission:You are required to submit one copy electronically on Blackboard. Please also note any further instructions listed below. Important...
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...V-236 2/12/14 Case 1 Zappos has 10 different commandments that they abide by on the everyday basis. There are two commandments that stand out in my opinion that would influence the way employees do their work. Be adventures, creative and open minded. Giving the employees the ability to take risk when doing their normal day task. For example, the call center workers are promoted to try new things to make the customers feel delighted and appreciated. Where as some jobs that offer a call center have their employees on a scripted dialogue, almost making them sound like robots. I think Zappos has faith in there employment by giving the employees an encouragement to make misstates because they are only going to learn from them. The second commandment that stood out to me was, create fun and a little weirdness in the work environment. I believe that this brings the workers closer together, because it actually shows peoples personality. In most work environments you always have to dress business professional and act accordingly. Zappos is bringing the aspect of being yourself in the work place. So if that means dressing in pajamas and having blue hair, that’s accepted at Zappos. They don’t mind people having fun while being the best at what they do. This type of commandment shows how confident this company is, because the results always show their success. Tony Hsieh said, “ I think it really boils down to our focus on a company culture” meaning your culture...
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...Extenuating Circumstances – Student Guidance Frequently Asked Questions Q What are extenuating circumstances? A Extenuating Circumstances are circumstances which • impair your examination performance in assessment or reassessment, or • prevent you from attending for assessment or reassessment, or • prevent you from submitting assessed or reassessed work by the scheduled date Such circumstances rarely occur and would normally be • unforeseeable - in that you could have no prior knowledge of the event concerned, and • unpreventable - in that you could do nothing reasonably in your power to prevent such an event, and • expected to have a serious impact on performance You are expected to make reasonable plans to take into account commonly occurring circumstances (such as transport or computer problems), even those which, on occasion, may have been unforeseeable and unpreventable. (Note: Ongoing extended circumstances are not covered by extenuation procedures. Ongoing medical conditions may be covered by disability procedures) Q What is meant by a serious impact on performance? A Many things may have an impact on our performance – a poor night’s sleep, a minor illness (such as a cough or cold), a minor injury, and financial worries and so on. These will often impact on our performance but would not be expected to have a serious impact and so would not be acceptable as...
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...According to Wikipedia, culture shock is a feeling of disorientation when experiencing an unfamiliar way of life due to immigration or a visit to a new country. Personally, when I first came to States, the primary problem that I have is the language barrier even though I have learnt American English for years at my homeland. What came along with this discomfort of communication are homesickness, information overload and boredom. These are the most sympathetic signs of my disorientation from own experiences. Fortunately, as Internet has become a cheap technology that make the globe into a small village and meanwhile everything has been easily accessible through online, I feel much more relaxed and adaptable when facing this culture obstacle. The way we browse the news, watch videos and shop online are exactly the same everywhere in the world, and this has brought me a lot of benefits of orienting myself into the American culture. Despite the technology has given me lots of convenience, there are still many differences in various respects including education, transportation, having food and shopping in terms of cultural distinction. Before coming to USA, my schedule was basically aligned with my job, five days at work and two days off. I preferred to shop online on Friday so that I can receive my purchases on Saturday morning or noon. In the weekends, I spent most of my time on my hobbies, I like catching up with my friends in a big shopping mall and going out of town...
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...lost contact with him. As the police entered the complex, they detected the odor of marijuana coming from an apartment and mistakenly believed that suspect entered the apartment. After the police knocked on the door and announced their presence, they heard noises coming from inside their apartment to which they believed to be the suspect destroying evidence. The destruction of evidence is an exigent circumstance that justifies a warrantless entry. The officers announced their intentions prior to entering the apartment and discovering King with others smoking marijuana. The suspect that they were pursuing was not inside the apartment. Upon apprehension, officers conducted a plain view search followed by...
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...protective sweep the saw drugs out in the open in the apartment and found additional evidence during a subsequent search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent circumstances – the need to prevent destruction of evidence – justified the warrantless entry.” (2) Respondent...
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...Ooley (1985) 169 Cal.App.3d 197.) In this case, Meyers does not live with Marcy nor is his name on the lease of her apartment. Accordingly, Meyers lacks standing to challenge the warrantless entry of Marcy’s apartment and has the burden of proof to establish otherwise. IV. WHERE STANDING IS ESTABLISHED, OFFICERS HAD PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES TO CONDUCT THE WARRANTLESS ENTRY THEREOF...
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...Name: cherry boom Case Name | STATE of Missouri V. Tyler G. McNEELY | Citation(year) | 358 S.W.3d 65 January 17, 2012 | Ct/J. | John G. Roberts Chief Justice | Pro. History | A trial judge ruled in McNeely's favor to suppress the results of the blood test, stating that administering a blood test without a warrant was a violation of the suspect's Fourth Amendment protection against unreasonable searches and seizures. State prosecutors later argued that the administration of the test without a warrant was justified as blood alcohol would be metabolized with time, and a delay in obtaining a warrant would amount to destruction of evidence, citing the exigent circumstances exception in the United States Supreme Court decision Schmerber v. California. On appeal, the state appeals court stated an intention to reverse, but transferred the case directly to the Missouri Supreme Court. The Missouri Supreme Court affirmed the trial court's decision that the officer had violated McNeely's Fourth Amendment rights. | Short Facts | On October 3, 2010, at approximately 2:08 A.M., patrolman Mark Winder stopped Tyler G. McNeely for speeding. During the routine traffic stop, Winder thought McNeely showed signs of intoxication, including bloodshot eyes, slurred speech, and the smell of alcohol on his person. As a result, Winder had McNeely perform multiple field-sobriety tests. According to Winder’s later testimony, because McNeely performed poorly on each of these tests, Winder...
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...warrant. Once inside the residence, they found crack cocaine, cocaine and cash on Kirk himself. No other drug paraphilia was located in the apartment. Kirk was convicted of possession of cocaine with the intent to distribute. He believed his arrest was illegal and “police were not justified in entering his home without a warrant absent exigent circumstances” (Cornell University Law School, n.d.) and appealed to the higher court. The Louisiana Court of Appeal declined to determine if those circumstances existed because “the evidence required to prove that the defendant possessed cocaine with the intent to distribute, namely the cocaine and the money, was...
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...the suspect, who entered one of two apartments. One apartment smelled strongly of marijuana smoke so police assumed this was the apartment of entry. Upon banging on the door and announcing their presence, and failure of the occupant to answer the door, they could hear what sounded like people moving things around inside leading officers to believe evidence was being destroyed. Given the circumstance, officers announced their entry and kicked the door in to prevent the destruction of evidence. Upon entering, they found the defendant and two other people inside with cocaine and marijuana in plain view. Since the illegal drugs were in plain view, officers proceeded to search the premises without a warrant under the presumption of probable cause in which they found more drugs and drug paraphernalia. King claims the evidence should be suppressed because the police infringed upon his Fourth...
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...Amendment IV of the United States Constitution states that 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 (Cornell University). This Amendment refers to people’s right to privacy and freedom in their home from government intrusion and illegal search and seizure. To claim protection under the Fourth Amendment, individuals must show in a court of law expectation of privacy, which is to say an expectation that is recognized as reasonable under the circumstances. Kentucky v. King 563 U.S. 452 (2011) is just one of many cases in which the defendant exercises their rights under the Fourth Amendment. Kentucky v. King 563 U.S. 452 (2011) In the case of Kentucky v. King the Fourth Amendment was the main argument. The courts...
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