Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures

Officer Jones asked the neighborhood’s regular trash collector to put the content of the defendant’s garbage that was left on the curb in plastic bags and to turn over the bags to him at the end of the day. The trash collector did as the officer asked in order to not mix the garbage once he collected the defendant’s garbage. The officer searched through the garbage and found items indicative of narcotics use. The officer then recited the information that was obtained from the trash in an affidavit in support of a warrant to search the defendant’s home. The officer encountered the defendant at the house later that day upon execution of the warrant. The officer found quantities of cocaine and marijuana during the search and arrested the defendant on felony narcotics charges.

Write a one to two (1-2) page paper in which you:

  1. Identify the constitutional amendment that would govern Officer Jones’ actions.
  2. Analyze the validity and constitutionality of officer’s Jones’ actions. 
  3. Discuss if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.
  4. Use at least two (2) quality references.

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.

 

 

Points: 100

Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures

Criteria

 

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

 

Fair

70-79% C

 

Proficient

80-89% B

 

Exemplary

90-100% A

1. Identify the constitutional amendment that would govern Officer Jones’ actions.

Weight: 35%

Did not submit or incompletely identified the constitutional amendment that would govern Officer Jones’ actions.

Insufficiently identified the constitutional amendment that would govern Officer Jones’ actions.

Partially identified the constitutional amendment that would govern Officer Jones’ actions.

Satisfactorily identified the constitutional amendment that would govern Officer Jones’ actions.

Thoroughly identified the constitutional amendment that would govern Officer Jones’ actions.

2. Analyze the validity and constitutionality of Officer Jones’ actions.
Weight: 25%

Did not submit or incompletely analyzed the validity and constitutionality of Officer Jones’ actions.

Insufficiently analyzed the validity and constitutionality of Officer Jones’ actions.

Partially analyzed the validity and constitutionality of Officer Jones’ actions.

Satisfactorily analyzed the validity and constitutionality of Officer Jones’ actions.

Thoroughly analyzed the validity and constitutionality of Officer Jones’ actions.

3. Discuss if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

Weight: 25%

Did not submit or incompletely discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

Insufficiently discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

Partially discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

Satisfactorily discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

Thoroughly discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.

4. 2 references

Weight: 5%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

5. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 8 errors present

7-8 errors present

5-6 errors present

3-4 errors present

0-2 errors present

MOVIE : Other People’s Money (Corporate fraud) Discuss how the issue of white collar crime is presented in the film. Do not give a scene-by-scene description of what happened in the movie. Who starred or appeared in the film (i.e.: the movie stars) or who

MOVIE : Other People’s Money (Corporate fraud)

Discuss how the issue of white collar crime is presented in the film. Do not give a scene-by-scene description of what happened in the movie. Who starred or appeared in the film (i.e.: the movie stars) or who directed the movie is not important (remember, this isn’t a film class).  Your review should be a thoughtful discussion of the film and how it relates to white collar crime.

Your discussion should include:

Is the movie based on a true story?

What is the crime?

How does it take place?

Why does it take place?

Who are the characters involved (NOT the movie stars who play the characters – the characters

  themselves – who are they, what is his/her profession),            

How long does the crime occur before it is discovered?

How is it discovered and who/why/how is the crime discovered,

How did the discovery of the crime affect the offender’s reputation/status in the business?

   community or his/her family; did it have any affect?

How is the crime resolved, was there a trial; if so, what was the outcome,

Did the perpetrator receive a prison sentence?

If greed is involved in your film, what motived the greed? (a father’s approval, perhaps? Or maybe resentment of insults the character endured in the past?)  In other words, is the greed based on something more complex than greed for money and arrogance?

Was the entity (i.e.: the corporation or agency) a victim or perpetrator, or both?

What do you think? Is the propensity to engage in unlawful conduct systemic; that is, is it inherent in a competitive, free-enterprise economic system in a society oriented toward the individual Or was criminal behavior caused solely by “bad apples,” rogue employees whose character flaws led them to cheat and steal?

Based on our class readings and discussions describe the extent to which the media’s portrayal of the crime was accurate. What does the research say about the particular crime that occurred?

 

 

Your paper must be no more than 5 pages in length. APA format required (DO NOT include an Abstract or Table of Contents for this short paper!).

9 – multiple choice questions about Fingerprints

This person is credited being the first European to recognize the value of friction ridge prints and to actually use them for identification purposes:

 A.Sir William Herschel 

B. Dr. Henry Faulds 

C. Alphonse Bertillion 

D. Sir Francis Galton 

 

 

 

The first noticeable development of friction skin on the volar surfaces takes place at about ……..weeks gestation.

A. 6 

 

B. 8

C. 10

D. 12

 

 

 

 The person credited with the first use of a “LASER” for latent fingerprint development was:

A. Dr. Henry C. Lee

B.Dr. E. Roland Menzel 

C. Mr. David Ashbaugh

D. Dr Peter DeForest 

 

 

 

Items that give off light when exposed specific wave lengths of light without treatment are said to have: 

A. Inherent Luminescence 

B. Refractive Index 

C. Chemical Luminescence 

D. Photosensitivity

 

 

 

False fingerprint identifications fall into three main categories except…..

 A. Deliberate Misrepresentation 

B. Forgery of Latent Print 

C. Incompetency of Analyst 

D. The Randomness of Nature

 

 

 

The Brandon Mayfield case is an example of :

A. Failure to properly apply ACE-V 

B. Culture of the Absolute 

B. Examiner Bias 

D. All of the above

 

 

 Fluorescent Powders are made up of……..& ……….

A. Carbon and Zinc Sorbates 

B. Fluorescent Dyes and Carbon Black 

C.Talc powder and Slate 

 D. Silica and Rodamine Dye

 

 

Fingerprint impressions have been observed on relics as old as :

A. 1000 years old

 B. 3000 old 

C. 6000 years old

De 12,000 years old 

 

 

The use of Fingerprints for Identification purposes of (proof identity) may date back to :

A. Japan as early as  702 AD 

B. The United States as early as 1902 

C. China as early as 300 BC 

D. All of the above

week 8 discussion law

The responsibility of the directors of a corporation is to provide a return to shareholders on their financial investment in the corporation . . . in other words, shareholders expect to make money on their investment.  Corporations such as Facebook, Google, and Apple are financed through the sale of billions and billions of dollars in shares purchased by investors.  Sometimes, however, the duty to maximize profits runs contrary to legal, but still questionable, business opportunities.

Assume that you’re the director of one of the corporations listed below and have been presented with the business opportunity described in the scenario.  Would you advise the corporation to accept the opportunity?  Make sure to fully explain your answer, considering both the financial return expected and any related ethical concerns.

  • ToyCo has just been informed that it’s wooden trains produced in China contain lead paint and can no longer be sold in the United States.  However, a distributor offers to negotiate a deal with a foreign company to sell the trains in a South American country that has no laws addressing the presence of lead paint in children’s toys.
  • BabyHealth is seeing decreasing sales of its powdered infant formula in the United States due to more and more mothers choosing to breastfeed their babies.  In an effort to offset these losses, BabyHealth chooses to sell their formula in third world countries.  However, it is widely known that the water sources in these countries is often contaminated and not boiled prior to use.
  • After producing 10 million versions of its new smartphone, PhoneLand discovers that due to a manufacturing oversight, 5 of the phones may catch fire if left in a car on a hot day.  While the worst case financial impact from the phones catching fire is 10 million dollars in damages, recalling and repairing the phones will bankrupt the company.

Help

Summary and Brief These Cases;

1- Renton v. playtime theatres (1986).

2- Virginia state board of pharmacy v. Virginia citizen’s consumer council (1976).                                                                                                                                               3- Ohralik v Ohio state bar association (1978)

 

The requirements that my professor expect from me as what is: –

The first paragraph is your introductory paragraph.  Tell me why you are writing to me and a brief synopsis of what will follow: the cases you briefed. Then, spend a paragraph discussing substantively that participation. For example, discuss some points about the topic. Etc. So, explain the materials carefully (I will use these paragraphs to assist in my doing a qualitative measure of your participation). If a case, tell me about the case itself AND about the contribution you made in class. Remember, this is a thoughtful documentation, reflection and representation of your oral contribution and explanation of the substance of the materials.

       Explain whether you personally agree or disagree with those cases and whys. 

       How you correlate with your classmates.

       Free plagiarism. 

       Use your own words.

 

Form requirements:

     2 full pages, single space, but double space between paragraphs. Add some participate that I have agree with someone with my classmate.

       Do not indent paragraphs.

       italicize or underline the names of cases.

       1 inch margins on all sides and typed in 12 point Times Roman font. 

       I have attached my note for these Cases and will helps you A lot.

**For Kim Woods Only**

To complete the learning activities, please create a new thread for each theme and identify in the subject line the theme for which you are responding.  Students are expected to post to all themes by Thursday and to at least two other students (across all themes) by Sunday.  In responding to the learning activities and to other students, please be sure to use the course material using in-text citations and a reference list to cite the source(s) used.  Remember, an in-text citation cannot exist without having a corresponding reference list and a reference list cannot exist without having a corresponding in-text citation.  Use of the course material using in-text citations and a reference list is always expected in the learning activities and good practice for the assignments in the course.

To respond to Learning Activities, click on the blue hyperlink.

General Instructions for Learning Activities (LAs):

LA 1 & 2:   Read/watch all assigned materials listed for the week in Course Content. Cite to these materials with in-text citations in all responses you post to these LAs.  

Create a separate posting for each LA, i.e., one post for LA 1, a separate post for LA 2.

Label each LA with appropriate titles, such as “LA 1” and “LA 2”, etc. and your name. Label each part of each LA.

PLEASE DO NOT USE ATTACHMENTS.

LAs are to be written in paragraph format with appropriate in text citations in APA format.  Review How to Use APA in Content. 

All LAs are due Thursday, 11:59 pm, ET.

Discussion 1 & 2:  Respond to at least one colleague for each LA.  Respond substantively and comprehensively and interactively so as to promote further discussion.  Use in-text cites in APA format, as needed.  

Responses to colleagues are due Sunday, 11:59 pm, ET.

Post a separate reply for each learning activity, i.e., one reply post for Learning Activity 1 and a separate reply post for Learning Activity 2.

Answer each question part in paragraph format using APA in text citations.  You do not need to use resources other than those assigned, unless specifically instructed to do so. 

Learning Activity 1Due Thursday,  11:59 pm ET

Read assigned materials and respond to the questions below.

1.  What are 2 primary advantages of a franchise and why?

2.  What are 2 primary disadvantages of a franchise and why?

3.  If a small business applied for a bank loan money to finance the initial franchising process and start up, what factors would be important to a bank to decide whether to loan the money?

Learning Activity 2: Due Thursday, 11:59 pm ET

Read assigned materials and respond to the scenario below.

Scenario:    CleanRite, a small business general partnership with 7  partners is a very profitable, successful business located in Baltimore.  CleanRite wants to expand its business and is considering doing so by franchising within the US. 

1.  Analyze whether you would advise CleanRite to franchise the business by:

A.  Presenting 2 positives for franchising this business.

B.  Presenting 2 negatives against franchising the business.

2.  After evaluating the positive and negatives, should CleanRite franchise or expand the business in some other way?  Support your conclusion in depth.

Discussions 1 & 2: You do not need to respond to others this week, but you are encouraged to do so. 

Because there is no required interactive discussion with others this week, LA 1 and LA 2 will be worth  1.875 pts each.

Business Law-Agreements

Answer this discussion with citation and reference (Textbook and other resources :Canadian law) and Not plagiarism.

Textbook

Yates, R.A., Bereznicki-Korol, T., & Clarke, T. (2017). Business law in Canada (11th Canadian ed.). Don Mills, Ontario: Pearson Canada.  

      • Chapter 13 and 14 

============================================================

DISCUSSION QUESTION:

Your boss, Bonnie, is thinking of selling her real estate brokerage business, “Bon Sell-It Real Estate.” She has come to you for help sorting out all the documentation relating to the use and license of tangible and intangible property by the company. Bonnie and Aggie (the company accountant) need to have a list of the types of agreements that should be in place and the correct parties to these agreements.

You have worked for Bonnie and the company for 30 years since the beginning and are considered the company historian. You have pulled together the following information and you now have to figure out which pieces of information are relevant to your mission.

Everybody works from the office at 1 Maiden Lane.

The building is owned by Bonnie’s sister, Sassy, who bought it together with her husband, Harry, 31 years ago, just in time for when Bonnie was looking to start the business.

The brokerage is a franchise of “Sell-It Real Estate” and Bonnie is very proud of the logo (that looks like ET calling home). Bonnie is also very proud of the name of the brokerage (also her creation), which she had allowed the franchise to use in exchange for a waiver of the franchise fees for 7 years. The old name of the franchise was “We Sell Properties” which Bonnie thought was bland but she wanted to stay with the franchise because of the other support she gets from the franchisor.

There are 7 real estate salespeople in the company, all women with various degrees of experience. They are employees of Bonnie and do not have to compete with each other for business. They are a tight knit, friendly group, and every month they bring together their creative talents in drawing and poetry to put together a company newsletter which is sent out to former and potential clients as part of community building and marketing efforts.

The front room of the office is called the trophy room, as it hosts the ceramic treasures of the business. These are prototypes of small vases, handcrafted by one of the employees each Christmas, that are selected to go into production and distribution to clients who have given business to the company that year. Each vase has worked the ET logo into the design, and is a real selling point for walk-in customers who are drawn to the store by the beautiful vase creations. Bonnie reckons that 32% of her business is generated from walk-in traffic! The vases are the talk of the town (it’s a small town).

Bonnie’s son, Sonny, got his diploma in computer science last year and talked Bonnie into bringing the company into the 21st century. Together with his friend, Fred, he digitized the entire database of client and accounting information for the company using software that Fred wrote as a school project. Sonny was at first reluctant to use Fred’s software solution because it was heavy on open source code and other “stuff” of unknown origin but at the presentation to the company, the employees thought that Fred’s look and feel was cuter than Sonny’s plan (which was essentially to use some off the shelf software product). Besides, Sonny offered offsite backup of the data (which they thought was risky).

Given what you’ve collected about the history and activities of the company, what sort of formal agreements do you think ought to be drawn up in order for the company to be legally covered? Is there anything in the current arrangements that seems questionable?

Policy Issues Paper/Child Exposure to Domestic Violence

Policy Issues 

View the following Films on Demand videos: 

  • Child Exposure to Domestic Violence 
  • Format your work consistent with APA guidelines.
  •  In this assignment option, you will express your thoughts and opinions regarding the content of your selected podcast in a short paper.

     

     

    Choose one of the two videos located in this week’s Required Learning Activities.

     

    Write a 1050- to 1400-word paper addressing the selected topic of your choice. Within your paper, be sure to address the following elements:

     

    ·         Was the content of your video a personal crime, property crime, or policy issue?

    ·         What causal factors were addressed in the video?

    ·         What policy implications or recommendations were provided in the video to address the crime?

    ·         Were budgetary or financial issues discussed in the video? If so, elaborate.

    ·         What future implications were discussed in the video?

    ·         What other content-specific information is relevant to your selected video?

    ·         What basic elements of the crime served as the basis for your selected video?

    ·         What criminological theory or theories best explains the occurrence of this crime or issue?

     

    Format your paper consistent with APA guidelines.

Tort Law

FOR DISCUSSION QUESTION:

Answer with citation and refereces, No plagiarism.

 

Stacey has worked for lawyer Larry for the last five years in his home office. Stacey does everything for Larry – receptionist, bookkeeper, secretary, paralegal, coffee girl, and sometimes even taking his laundry to the cleaners. Stacey is smart and very good with people, and indispensible to Larry’s business. He sometimes took her to networking functions where she mixed and mingled with potential clients and talked up her boss. Since the economic downturn, some of Larry’s clients have gone out of business and Larry’s law practice has also suffered. Larry has told Stacey that if business does not pick up, he would have to reduce her work hours. Stacey had taken some online courses in accounting and in her spare time she has been studying the books to see how she can make the numbers look better. She inflated some billings and expensed some of Larry’s personal bills through the firm accounts.

Larry and Stacey began attending more functions to meet new potential clients. Stacey finds herself drinking and hobnobbing harder than ever before, sometimes staying on at the events even after Larry has left. One raw rainy evening just before Christmas, after several drinks, Stacey found herself one of the last to leave a party at the golf club. As she was getting her coat, she found herself in the empty cloak room where Brian, one of the potential clients she was talking to during the evening told her that she looked ravishing and offered to help her with her coat. What transpired afterwards would be described as inappropriate touching and some kissing. Stacey broke loose and ran to her car. Fumbling for her keys, she did not realize that she had dropped her smartphone in the parking lot. Understandably upset, she drove away hastily and, coming around a turn too fast down the dark country road, she crashed into a guardrail and passed out. A few minutes later, Meaghan and her one year old son, Sam were driving to pick up her husband (yes, that same two-timing Brian) from the Christmas party. Coming around the same turn, Meaghan did not see Stacey’s stalled car and slammed into it.  Sam was not properly secured to his car seat and was seriously injured. In all the turmoil over the past few weeks, Stacey had forgotten to renew her car insurance.

Meanwhile, Stacey’s smartphone was picked up by Brian. Feeling rebuffed by Stacey, he posted some personal, confidential and proprietary information of Larry’s clients from the smartphone on his website.

Larry and Stacey have come to you to ask what might be their various liabilities under applicable tort law and legislation.

CRJ_Week 2_DQ

 Henri Fayol and Systematic Management

Prior to beginning work on this discussion, read Chapters 2 and 3 in the textbook and the Moynihan (2009) article, The Response to Hurricane Katrina.

Every organization within the field of criminal justice has a management hierarchy of some sort. Included among the many tasks assigned to managers are budget planning, financial decision making, and effecting personnel decisions. However, what is missing at times in criminal justice agencies is effective leadership. Too often policy makers confound leadership with management. The two can be, and often are, quite dissimilar.

In the City of New Orleans immediately after Hurricane Katrina, a variety of political and local managers and leaders congregated in the Central Business District in an effort to arrive at a consensus as to the wisest course of action. Among those present was Michael Brown, the director of FEMA, Ray Nagin, the Mayor of New Orleans, and various state politicians. No action plan could be developed as each respective politician was so focused on their own needs that they soon became blinded to effective alternatives. Added to those problems were the combined effects of serious deficiencies in communication and coordination of rescue efforts.

Consider the information provided in your required sources for this discussion and include the following elements in your initial post:

  • Explain the major characteristics of leadership. Describe the primary traits of management.
  • According to the five functions of management developed by Henri Fayol, explain the ways in which the response to Hurricane Katrina failed.
  • Evaluate the financial constraints that affected the situation at the time and describe which organization or individual you believe offered the most effective leadership after the storm. Provide a rationale supporting your statements with evidence from the required readings.

Your initial post should be at least 400 words in length.