This website uses cookies to ensure you have the best experience. Learn more

Revisiting Regulation Changing Cases Essay

1264 words - 5 pages

Throughout history, there have been numerous litigations that pertain to an individual’s Fourth Amendment rights; however, there are three proceedings that changed the way law enforcement is able to search and seize properties in order for it to be admissible in court. The outcomes of Weeks v. United States, Silverthorne Lumber Company, Inc. v. United States, and Mapp v. Ohio created regulations that gave the American citizens back their Fourth Amendment rights.
Before these three lawsuits were tried by the courts, materials seized without a search warrant could be admissible in court. The police felt that a warrant was not necessary for a conviction and the courts found ways to twist the laws in their favor. The Fourth Amendment gives Americans the right to be secure in homes and properties as follows:
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. (Reuters, 2013)
This Amendment was set into place to prevent misconstruction or abuse of the power of the Constitution of the United States. In other words, to protect the people of the United States while preventing the states and government from abusing their powers and twisting the laws in order to benefit their illegal seizures.
To begin with, in the trial of Weeks v. United States, the police were seeking evidence to prove that Weeks was transporting lottery tickets through the mail, which was considered illegal gambling in the state of Missouri. The police entered Weeks’ place of residence without a warrant and took documents that led to Weeks’ arrest and conviction. The question in this case was if this search and seizure violated Weeks’ Fourth Amendment rights. Several trials were quoted throughout this litigation; however, the main lawsuits that were enforced in order to conclude in this litigation are Wise v. Henkel, Rex v. Barnett, Rex v. Kinsey, United States v. Mills, United States v. McHie, and Twining v. New Jersey. The law is applied to these proceedings by the precedents, or similar lawsuits, to show desired outcomes. In this trial, Twining v. New Jersey was the main case used to make the ultimate decision, since its outcome was similar to the desired outcome of this litigation. The conclusion in this lawsuit was that the judgment should be reversed and the proceedings should be remanded for further proceedings, since the documents were obtained in violation to Weeks’ Fourth Amendment right. This lawsuit influenced the courts to create the exclusionary rule, which states that evidence may be inadmissible if it is obtained illegally. According to Benner, Bird, and Smythe, “Most scholars and courts agree that if the Fourth Amendment right to be free from unreasonable searches and seizures is to be...

Find Another Essay On Revisiting Regulation Changing Cases

A Review of the Development of Internet and Cyberlaw in United States

1322 words - 5 pages of Internet users, the governance questions are therefore aroused. The Cyberlaw was hence introduced. The Black’s Law Dictionary defines “Cyberlaw” as “ the field of law dealing with the Internet, encompassing cases, statutes, regulations, and disputes that affect people and business interacting through computers.”. Cyberlaw has been considered as a new emerging area of legislating the internet. However, the legislation of Cyberlaw is yet not

Globalisation and Regulation of Food Risks

10971 words - 44 pages , like many other aspects of people's lives and understanding the changing practices of regulation needs to based on a consistent social science analysis. There are however different theoretical perspectives on globalisation within the social sciences and I will review them to identify the most promising views to analyse the regulation of food risks. Whereas some theorists see globalisation as an unequivocal process towards a

Bank Regulation

2828 words - 11 pages survive and maintain profitability under the changing economic environment, banks attempted to evade regulation through innovation and a process known as loophole mining. Recently, the same concerns that led governments to regulate domestic banks, such as uncertainty and instability, are pressuring policy makers to harmonize banking regulation internationally, while the limitations and problems encountered by domestic regulation have caused such

Market Failure of the Taxicab Industry

2614 words - 11 pages concessions, including price controls, guaranteed access, pre-approval on changing or eliminating services or offering new services, and extensive licensing requirements, oversight, and continuing education” (Downes). While entry restriction regulations have brought about monopolies, other factors have also helped contributed to the creation and maintaining of monopolies: • Lobbying: Regulation authorities’ limiting of the number of firms and

Judges Rely on Principles in Changing Legal Rules - Humber College - Reflection Paper

444 words - 2 pages Jay Arora N01200854 December 5, 2017 Reflection Paper Judges Rely on Principles in Changing Legal Rules The word “rule” means a principle or regulation governing conduct. I started reading an article in Paul Groarke’s Legal Theories which mentioned about the judges relying on the Principles to change Legal Rules. In this article the lawsuits being talked are of Riggs and Henningsen. These two are different lawsuits but pertains the similarity of

Scope Methods

1389 words - 6 pages human rights violator to compliance. This transformation is particularly connected and dependent on the pressure transnational organizations and domestic opposition groups can place on the violator state forcing a change in behavior. After 10 additional years of research the editors revisited the spiral model in The Persistent Power of Human Rights. In revisiting the editors noted several weaknesses in their original work, one of which includes


2510 words - 10 pages threat to the society. She also reports that acts of homosexuality, zoophilia, and transvestism are common taboos in many cultures. This kind of sexual regulation has been going on for centuries, and even is continued today. Even if the model of what male sexuality is defined as is changing, we can see opposition in home life, clergymen, and the media as well.That Awkward Moment interestingly also illustrates repression of male sexuality. It's not

Critically Assess The Impact Of The Financial Serv

1926 words - 8 pages regulatory system.With the new system we are yet to see whether it works or not. Initially the 1986 Act worked in theory but time worked against the practice of it and reforms had to be made. In the ever-changing environment we live in, it is important to make sure the legislation is flexible and dynamic. We have seen recent examples of fraud and financial crime in the cases of Enron and Allied Irish Bank (AIB), and reforms have already be set out as a

Tobacco Advertisements

1806 words - 7 pages suits ended in late 1998, with a Master Settlement Agreement (MSA) in which the industry agreed to pay forty-six states $206 billion over twenty-five years. (Stag) But one of the most famous cases that are on file involves Michael Moore. The suit was filed in May of 1994 in Mississippi. The proceedings of the case went as follows, “ . . . . Attorney General Moore argued that the tobacco companies were liable to the state itself for

Recent Regulation Changes in the NCAA

1267 words - 5 pages Change is inevitable in any institution today due to the ever changing environment in which institutions operate. Schools, firms, and other different institutions have witnessed significant changes in the recent years in order to adapt to the prevailing changing environment. Change is very important, but it has to be done with great care to avoid leading to unwanted consequences. This paper focuses on one of the recent regulation change which

Sex Offenders- Four Domains of Criminogenic Needs Assessment

2734 words - 11 pages evidence-based programming (Vitopoulous et al, 2012). This R-N-R model will be used to assess the case of Jamie Wilson, focusing on the assessment of his criminogenic needs in relation to his offence, as changing these dynamic factors can reduce the probability of recidivism (Andrew & Bonta, 2010). Furthermore, this essay will consider the risk and responsivity in regards to Jamie Wilson’s case. Jamie aged 27, has been convicted of a rape of a child

Similar Essays

On Food Advertising Directed Towards Children

2201 words - 9 pages -382. Academic Search Premier. EBSCO. Web. 2 Nov. 2009.Hunter, N. "Revisiting the Regulation Debate: The Effect of Food Marketing on Childhood Obesity." Pierce Law Review. Franklin Pierce Law Center. LexisNexis. 205.7 (2009): n.p. Web. 2 Nov .2009.Institute of Medicine. (2005). Preventing childhood obesity: Health in the balance. Washington, DC: National Academies Press.John, D. R. "Consumer Socialization of Children: A Retrospective Look at Twenty

Tata Group Analysis Business In Latin America Fiu Business In Latin America Assignment

582 words - 3 pages company so much that the word ‘tata’ became synonymous with “integrity” and “trust”. Ratan Tata’s leadership was perfect in the sense that he was able to protect the company’s traditions and not uphold to corruption while the global economy was rapidly changing. Around 1990, the Indian government began initiating a series of reforms that would open up the economy. At the time, Tata Group was not globally competitive and was largely suffering from

Anti Dumping Is A Necessary Part Of International Trade Legislation

1257 words - 5 pages active users of anti-dumping regulation. At that time, these developed countries often had practiced dumping measures against developing countries. However, the situation has been changing for the last twenty years. In accordance with the date of the WTO the 10 more active initiators of anti-dumping investigations from 1995 to 2005 were India, the USA, the EC, Argentina, South Africa, Canada, Turkey, Mexico, Brazil and Australia - in the

Dna Public Policy Essay

1415 words - 6 pages using DNA testing  Other policies may be implemented if a need is recognized during the process of using DNA in cold cases (i.e. revisiting the limits on 'statute of limitations' for certain crimes) Policy Evaluation (Stage V- continued)  Phase in program requirements, required funds, and the number of goals or indicators  Staff/Task force studies policy and reports on success; report should link process to outcomes