Individual Rights Vs Special Needs Of State Essay

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Temagami
Temagami Table of Contents Introduction 2 The History of the Forest 2 The Forests of Canada 3 Part One: The History of the Logger 5 ...
(Wisconsin) regulation forbids a probationer to posses a firearm without probation officer s advance approval (Syllabus, pg.3165). Petitioner Joseph G. Griffin was convicted of a felony and was on probation when his house was searched for a firearm without a warrant. Wisconsin regulation says probationer s home (probationer being a special needs case) can be searched without a warrant on the basis of reasonable grounds as opposed to probable cause. The probation officer came to the
Federalists vs. Antifederalists
Federalists vs. Antifederalists To amend the Articles of Confederation, unanimous approval by all thirteen colonies was a necessity. Instead of reforming the preexisting document, it was decided that once approved ...
reasonable grounds conclusion because of an anonymous police tip. Griffin contended that his fourth amendment rights had been violated due to reasonableness, or lack there of, of a warrantless search, Probationer s home, like anyone else s is protected by the Fourth Amendment s requirement that searches be reasonable, (U.S.C.A. Const. Amend. 4, pg. 3165). The Supreme Court said that reasonable grounds satisfied the Fourth Amendment's reasonableness standard for a search, A State s
Federalists Vs. Antifederalists
Federalists vs. Antifederalists To amend the Articles of Confederation, unanimous approval by all thirteen colonies was a necessity. Instead of reforming the preexisting document, it was decided that once approved ...
operation of a probation system, like its operation of a school, government office or prison, or its supervision of a regulated industry, likewise presents special needs beyond normal law enforcement that may justify departures from the usual warrant and probable-cause requirements, (Scalia, pg. 3168). The Court noted, A warrant requirement would interfere to an appreciable degree with the probation system , setting up a magistrate rather than the probation officer as the judge of how close
Wisconsin vs Yoder
The Case of Wisconsin vs. Yoder (Docket #70-110) goes back to the year 1972. Jonas Yoder and Wallace Miller were both members of the Amish religion. Adin Yutzy, also prosecuted ...
a supervision the probationer requires, (Scalia, pg.. 3170). The Supreme Court ruled five to four in favor of, any search of a probationer s home by a probation officer is lawful when there are reasonable grounds to believe contraband is present, (Scalia, pg. 3172). The conflict in this case is individual s needs, i.e.. privacy, versus that of public interest, i.e.. safety. The question the Supreme Court is asking is ;In special needs
Wisconsin Vs Yoder
The Case of Wisconsin vs. Yoder (Docket #70-110) goes back to the year 1972. Jonas Yoder and Wallace Miller were both members of the Amish religion. Adin Yutzy, also prosecuted ...
cases, should there be a lowering of standards from probable cause to reasonable grounds, allowing for there to be a warrantless search? And they answer yes, by upholding Wisconsin Courts ruling that probation diminishes a probationer s reasonable expectation of privacy. The Supreme Court says this meets the Fourth Amendments standards of reasonable searches and seizures because We think it clear that the special needs of Wisconsin s probation system make the warrant
Equal Education
The most critical civil rights issue in the United States has concerned the status of it's African-American minority. After the Civil War the former slaves situation as free people ...
requirement impracticable and justify replacement of the standard of probable cause by reasonable grounds, (Scalia, pg. 3170). So the new rule formed in this case is that in special needs cases probable cause warrants a search, we have permitted exceptions (to searches without warrants) when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impractical, (Scalia, pg. 3168). Plaintiffs Romo, and Gardner were stopped at a roadblock near
Conflict Theory And Functionalism
Conflict Theory and Functionalism There are three main theories of sociology ;functionalism, conflict theory and symbolic interactionism. This paper will focus on two of those theories, functionalism and conflict theory. ...
a correctional center on their way to visit Ms. Romo s husband, an inmate. The roadblock was on access road outside of prison grounds, but the road lead only to the prison parking lot. At the roadblock Ms. Romo was asked to turn off her ignition, open the doors and trunk to her car, and return to her seat while a drug interdiction canine, (Tacha, pg. 1015) sniffed the vehicle. The dog indicated that Ms. Romo had drugs
Social Conflict Theories
Conflict Theory and Functionalism There are three main theories of sociology ;functionalism, conflict theory and symbolic interactionism. This paper will focus on two of those theories, functionalism and conflict theory. ...
on her. She was then asked to consent to a strip search, which she did, and it was found that she was in
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