... 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 addressed...
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...Table of Authorities ................................................................................................ ii Issues Presented for Review ................................................................................... 1 Statement of the Case ............................................................................................. 1 Statement of Facts .................................................................................................. 1 Summary of Argument ........................................................................................... 3 Argument ................................................................................................................ 4 Conclusion ............................................................................................................... 6 i TABLE OF AUTHORITIES U.S. Const. am. 4. ........................................................................................... 5, 6 FEDERAL CASES Chimel v. California (1969) 395 U.S. 752 .......................................................... 6 STATE CASES People v. Allen (1975) 50 Cal. App. 3d 8965 ...................................................... 6 People v. Summers (1999) 73 Cal.App.4th 290...
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...There are limits on all of the rights enshrined in the Bill of Rights, but when they are limited, they are subject to strict scrutiny by the courts. Plus, the rights are only protected from government transgression. Your employer can limit your right to free speech, just like your apartment complex can violate your 4th amendment rights. Just yesterday the government forced elderly people to leave their homes, to "save" their lives, yet half of them just wanted to be left alone to deal with the disaster by themselves. In the Bill of Rights it states that people cannot be forced by the government to leave their homes; however, in some cases when that person is a terrorist or a wanted criminal it is legal. My position in this matter is that I wouldn't let them do this to innocent family but if one of the family members was involved in a crime I understand that problems you could evacuated he or she from their homes only if you have a warrant and I think the officials would agree on this. Plus a week earlier citizens were denied the right to bring legally owned firearms to storm shelters. The constitutional amendment that relates to the first situation is second amendment. The arguments that would be made is that it would prevent in crime in a innocent areas or neighborhood. My position in this situation is that I wouldn't let them walk with their firearms anywhere and the officials would agree with me because walking with firearms could potenetially cause alot of problems. (Short...
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...SUMMARY OF A CASE INVOLVING 4TH AMENDMENT RIGHTS At about 6:08am, on October 4, 2009, Trisha Oliver, a resident of Cranston Rhode Island called 911 reporting that her six-year-old son, Marco Nieves, stopped breathing. Emergency authorities took Marco to Hasbro Children's Hospital, where he was found to be in full cardiac arrest. He later died after 11 hours attempt to save his life. At about 6:20am, Sgt. Michael Kite of the Cranston Police Department had arrived at the apartment, where he found Oliver, her boyfriend Michael Patino, and their 14-month-old daughter, Jazlyn Oliver grieving the loss of their loved one. Officer Kite noticed a few odd things about the apartment where Marco suffered his cardiac arrest. Among these things was a cell phone on the kitchen counter, a couple of stripped beds and linens on the floor, a trash can with, dark brown vomit in a toilet, and, crucially, a cell phone on the kitchen counter. Kite picked up the cell phone, and it was at that point—in the just-released opinion of a Rhode Island state court—that police proceeded to mangle a murder case and violate Patino's Fourth Amendment rights by viewing text messages without a warrant. Officer Kite viewed a text message on the phone, which was owned by Trisha Oliver, reading "Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg." The message was sent from Oliver to Patino, although the sending of the message apparently failed. There were other messages on the phone "with...
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...Gurmanderdeep singh Professor Paul Villa Core Humanities 203 July 20,2013 Constitutional Consideration: The Tenth Amendment The United States Constitution gives significant power to the individual state governments. States are not mere provinces set up to take orders from a central authority in Washington DC and execute these orders regionally. States are afforded sovereign powers of their own. In Federalist #45, James Madison summarized the powers assigned to the individual states: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” It’s quite clear that the Tenth Amendment was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers. When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with...
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...Title Author Author Affiliation Abstract During the 1960’s, police officers executed arrests and dealt with problems in a way that greatly differ from law enforcement of today. This time frame involved racial riots, women rights, civil rights and important court cases. Mapp v. Ohio was concluded in 1961, and concluded that the fourth amendment applied to state courts and not just federal. Women achieved major milestones in the 1960’s, and Civil Rights were one of the biggest topics of the times. In the criminal justice field, a law enforcement official is expected to conduct themselves in a professional manner on and off duty. Part I – Policing Research Police Trends and Issues during the 1960’s During the 1960’s, law enforcement was completely different from what it is today. Officers were taught to handle situations in a way that would be illegal and in some opinions, morally wrong. When there was a riot, regardless of what is motivating the crowd, law enforcement officials would use excessive force and various, unnecessary tactics. People today probably wonder what made police officials believe that this type of crowd control was an acceptable response to any type of situation. Unfortunately, police officers were taught this in the academies and honestly believed that what they were doing was right. Also during this era, the first female officers came into play for law enforcement. In conjunction to females being allowed to be become officers, the first black police...
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...YEAR 2010-2011 Global Supply Chain and Logistics M06BSS 1. MODULE SUMMARY Aims and Summary This module provides knowledge and a thorough understanding of the management of the distribution and logistics function in contemporary organisations. The module will introduce the core concepts and theories that are pre-requisite for the successful management of logistics within the overall context of the organisation. The overall fit of the logistics function will be explored in context of attaining and sustaining competitive advantage and world-class status for global organisations. The module will explore supply chain networks and the importance of supply chain management. Current logistical trends such as lean management of the logistics and supply chain function will also be analysed. Other areas explored will include procurement, inventory management, transportation, warehousing and new technologies such as RFID. Module Size and credits | |Module size |Single | | |CATS points |15.0 | | |ECTS credits |7.5 | | |Open/Restricted |Open ...
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...BACKGROUND Because this is an appeal from the denial of a motion for summary judgment, we construe the evidence in the light most favorable to Poe, the non-moving party. See, e.g., Goldberg v. Cablevision Sys. Corp., 261 F.3d 318, 324 (2d Cir.2001). I. Factual Background A. The Filming of the Trooper Candidate Testing Videos At some time during the fall of 1992, several administrative officials of the Connecticut State Police ("CSP") and the Connecticut Department of Administrative Services began to revise the testing procedures for trooper candidates at the CSP Training Academy ("police academy"). Captain Leonard, who had just assumed command of the CSP Bureau of Selections and Training,[1] supervised this ongoing project along with Dr. Martin Anderson ("Dr. Anderson"), the Chief Personnel Psychologist for the State of Connecticut. A particular focus of this project was the development 127*127 of several testing videos, designed to screen out those trooper candidates with poor observational and communicative skills. In essence, trooper candidates would be required to view a videotaped scene of a crime or other representative "real life" scenario that CSP officers typically confront and then to explain what they had observed. As originally planned, the video scenes would include a variety of circumstances: a depiction of a person driving while intoxicated, a man with a weapon who stops and robs a victim, a simple trespass, a "static" crime scene, and a scene with a distraught...
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...1978. This was the first arson case to go to the Supreme Court. Only a few defense attorneys read the case briefs which made the fire investigator’s job easier. Before this decision search warrant at a fire was unheard of. Loren Tyler and Robert Tompkins leased a furniture store, Tyler’s Action, in Oakland County, Michigan. On January 21st, 1970 the fire occurred before midnight. The fire department extinguished the fire and found two jugs containing flammable liquid. The arguments of the state was questions of when and to what extent of warrant is to be mandatory for post fire and by analogy other post disaster investigations and of which evidence is admissible against in particular arsonists who burn their own buildings. The case arises as out of facts which were the most part are typical of any arson for profit case with two small exceptions. In relating the facts and in attempting to justify, a warrant was post fire searches in general as well as the searches which occurred in particular in this case. Testimony of Oscar Frisch, a former employee of the respondents will prove that he helped move valuable items from the store and old furniture into the store a few days before the fire. He also related that the respondents had told him there would be a fire on January 21, and had instructed him to place mattresses on top of other objects so that they would burn better (U.S. Supreme Media 2013). The defense argued the entries in this case were without proper consent and...
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...Introduction Trevino and Nelson (2007) define ethics as the philosophical approach in which moral values are related to human conduct, with respect to the rightness and wrongness of certain actions. This definition explains that ethics are a nothing more than an indoctrinated human behavior that is base on their environmental, social, or cultural backgrounds. Humans are therefore, inherently flawed and thus, ethics becomes a huge issue in their lives as they attempt to make up for these flaws. How humans act in a given situation or how they feel about their actions, play into how they conduct themselves in their personal and business affairs. Killing, raping, and stealing are examples of such obvious actions that most people would agree are unethical. This relates to the subjective belief of rather Bernard Lawrence "Bernie" Madoff should remain in prison or out on bail because of the practicing of Ponzi schemes because it lies in the not so obvious realm of behavior. Why? There is no essential difference between someone who steals $5 and someone who steals billions it is all the same, however, in the criminal justice system the belief in crimes at different levels are arranged at different social and cultural standards. White collar vs. blue collar White collar crime is particularly interesting it provides a sharp contrast to the common crimes and street criminals that usually attract the attention of people. A white-collar is associated by individual of a higher social class...
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...Matthew Schrock Dr Bruce Rockwood Law 331 Sec 01 “Constitution and Levinson Ideal” After the United States gained Independence on July 4th 1776, there was a need for a new rule on law and basic rights. The foundation of our country needed an official document to be established and written for future generations and for concrete reference. The original idea regarding the document, was thought necessary to be drafted from the Articles of Confederation, but later this idea was deterred. The Constitution was created on new precedent and adopted on September 17th, 1787. Our Constitution was written to be the backbone of our established government “for the people by the people”. According to the Independence Hall Association’s website, our country has the second oldest active Constitution in the world, behind the “1600 Statutes of San Marino”.(1) The Constitution has had Amendments conjoining or slightly altering it’s contents. But overall, The Constitution is arguably the same document at it’s core as when it was originally ratified. Sanford Levinson, in his book “Our Undemocratic Constitution”, pushes for the idea of another constitutional convention to revolutionize what he calls “hardwired” defects in the Constitution. These “hardwired” defects are whittled in the constitution’s grain and cannot be solved through even the most farfetched interpretation. A main theme of his book is based on the almost impossible but more than improbable process of amending the Constitution...
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...Washington, Korb was accountable for congressional relations and in direct contact with the government departments especially department of Defense. Korb then brought a lawsuit against Raytheon Corporation that his employment contract was terminated wrongfully based on the evidence produced in court that he wrongly exercised his right of speech; however he claimed that his right of speech was protected by the first amendment to the United States constitution as well as article XVI of Massachusetts declaration of rights. Therefore in regard to his complaints of the Raytheon corporation, together with the ruling court, this paper will analyze and evaluate each case by providing , facts about each case, critical issues and the final ruling, besides an analysis and explanation of the challenges with freedom of speech, freedom of information, challenges with employment law; a discussion of the public perceptions of Raytheon and its influence with the Department of Defense and a discussion of any fraud or misrepresentation on either side of the case. According to the facts of the case Korb v. Raytheon, 707 F. Supp. 63 (D. Mass. 1989), Korb became part of the executive board of Raytheon in December 1985. In February 25 1986, during Korb lunch hour, the company released its annual defense budget, an event that Korb was given time to speak. One of the articles in the Washington Post Newspaper stated that Korb was critical about the increased defense spending and he as well requested the scaling...
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...on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important thing that I would like to leave you guys with is the importance behind why this is a problem and why it should be changed legally along with the requirements in all states. Search warrants are something that is issued...
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...official capacity as State Registrar of Vital Records, Petitioners, MICHÈLE MCQUIGG, Intervenor/Petitioner, v. TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; and MARY TOWNLEY, Respondents. ________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________________ BRIEF FOR THE RESPONDENTS ________________________________ Law Student Counsel for the Respondents QUESTION PRESENTED Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when: * Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions. TABLE OF CONTENTS page QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv OPINIONS BELOW . ...
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...I. Statement of Purpose The Copyright Act of 1976 amended the Copyright Act of 1909 and serves as the primary basis of copyright law in the United States[1]. The Act spells out the basic rights of copyright holders, codifies the previously patchwork doctrine of fair use and adopted a unitary term of copyright exclusivity based on the date of the author’s death instead of using a fixed number of years and renewal terms as was previously spelled out in the 1909 Act. The 1909 Act was the last major piece of copyright legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect...
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