Reference no: EM132793458
PAPER 1.
There are different forms and sources of law; the most important are (1) statutes or legislation and (2) rules created by appellate courts, called case law or common law.
Use the internet or any other references to then answer the original discussion posting.
Discuss which source of law do you deem more important and why?
There are different forms and sources of law; the most important are (1) statutes or legislation and (2) rules created by appellate courts, called case law or common law.
Use the internet or any other references to then answer the original discussion posting.
Discuss which source of law do you deem more important and why?
PAPER 2 a.
The Fourth Amendment protects three distinct rights - liberty, property and privacy. Is anyone more important in your view and why?
PAPER 2b.
If you were to lose one does it affect the others, are they all intertwined?
Paper 3 a.
The line drawn to mark where and/or when you have a "reasonable expectation of privacy" can get quite fuzzy, especially in this age of evolving technology.
Scenario: Your government employer seeks to search, without a search warrant, the records and transcripts of the text messages you had felt on an employ owned device (cell phone, etc.) or the information and emails stored on a computer in your government office. What are your arguments for claiming that you had a reasonable expectation of privacy, and that the searches violated the 4th Amendment?
Let's change the scenario a bit - What about private text messages or emails feels to your spouse from the same government owned devices, but while you were at home and off duty?
Finally, what about private data, images or information stored on a personally owned thumb drive that you attached to a government owned device?
Paper 3b.
Think through this thoroughly, what is government equipment issued to you for and what about any policies or procedures are in place.
Paper 4 a.
Most states, have domestic violence laws that require law enforcement officers to arrest suspects for domestic related misdemeanor assaults not committed in the presence of the officer if they can determine that the suspect is the primary aggressor in the situation. This is a departure from the historical criminal procedure and developed as a response to the growing problem of domestic violence.
If a law enforcement officer encounters a domestic violence situation, fails to make the arrest required by the statute and the victim is killed later that night, should the officer be civilly liable to the victim and her heirs? Discuss the public duty doctrine and the case law using the internet for research text in relation to these mandatory arrest laws. Does the Supreme Court's decision seem logical to you or does it seem like an attempt to limit government liability?
Paper 4 b.
Should officers and departments be afforded some governmental immunities? What would policing look like if there were no protections at all?
Paper : 5
A police officer stops a car for failing to signal a turn. Upon talking to the driver, he discovers he has a suspended driver's license and an outstanding warrant for Failure to appear in court on a similar charge. The officer has no probable cause or reasonable suspicion that any other motor vehicle offences or criminal activity may be afoot. He decides to tow the car as it is stopped on the side of a highway and cannot legally be left parked there. The front seat passenger in the car is the driver's father, has a valid license and appears sober and otherwise capable of legally and safely driving the car. The driver asks the officer if the father can drive the car home. The officer refuses and calls for a tow truck. Prior to the tow truck arriving, the officer performs an inventory search of the car and discovers an illegal gun in the trunk.
Should the illegal gun be admissible against the driver? Why or why not? Support your answer. If you have experience with how this is handled in your jurisdiction, share that as well.