Friday, February 21, 2020

Criminal Procedure Assignment Essay Example | Topics and Well Written Essays - 500 words

Criminal Procedure Assignment - Essay Example Effectively, the decision overruled the previous distinction in Chadwick-Sanders that held such a search of containers in automobiles required a warrant even if there was probable cause for the search. In U.S.A vs. Chadwick 433 U.S. 1 (1977), it was held that in the absence of exigency, searching double-locked luggage inside an automobile is not justified and violates the Fourth Amendment rights. Here, it was explained that luggage may be movable just like the automobile but is not subjected to lesser privacy expectations associated with the automobile. Therefore, the police cannot search personal effects that they confiscate during an arrest if they do not have a warrant to perform the search. In U.S.A vs. Johnson 457 U.S. 537 (1982), the defendant claimed that his written and oral confessions were the results of an unlawful arrest that could not be supported by probable cause. However, it was held that the warrantless arrest of Johnson in his home did not violate his Fourth Amendme nt rights because there was probable cause for the arrest and the confessions admitted as evidence. However, this decision was later overruled after Payton v New York 445 U.S. 573 was decided and it was ruled the respondent’s Fourth Amendment rights were violated. The similarity in the three cases is the issue of warrantless search and presenting the evidence found to the court during prosecution. However, basing on the different facts f the cases, different verdicts were made. Both U.S.A. vs. Acevedo and U.S.A. vs. Johnson held that the police did not require warrants to search the automobile and home respectively. The reasoning is that they had probable cause to believe there was evidence in the automobile and home that would link the suspects to crime. More specifically in U.S.A. vs. Acevedo, the most relevant holding was that the police could search the entire automobile and any closed containers in it.

Wednesday, February 5, 2020

Individual assignment Essay Example | Topics and Well Written Essays - 1750 words

Individual assignment - Essay Example On such accords, the respective adoption of entrepreneurial behaviour may be associated to the increased desire of improving the economy via paths that are regarded fair for all. Entrepreneurial behaviour involves the development of novel solutions in the market with hope of capitalizing on the untapped consumer habits. Successful entrepreneurs are regarded to be able to deduce ideas that match the interests of their market in a rewarding and prolonged manner. The basis of an entrepreneurial behaviour remains on its ability to shape the considered consumerism towards the considered aspect of development and growth. Enticing growth of the economy is thus perceived to be an entity that comprises of differing elements of wealth generation. Arguably, entrepreneurship is listed among such trends and behaviours. The promotion of the various characteristics of entrepreneurship is perceived as an ideal path towards the address of the respective concerns of unemployment on any economy. Various authors have embarked onto various missions of presenting the respective role of entrepreneurship in any economy. Their publications have considered the plight of both developing and transitioning economies as the ideal candidates upon which their respective concern of entrepreneurship may be adopted. Additional concerns including the prospective role of such ventures in the shaping of these economies remains central in the description of their work. The perception of entrepreneurship being regarded as a tool of expression in respect to the development of an economy is regarded as the commencement point of the enterprise growth (Quereshil et.al, 200). The enterprise is described as the sole tool that promises immediate returns and ease in governance in the various states and nations. Such implication allows its elevation into a status that promotes economy improvement along the considered desires of growth and revenue generation (Glancey & McQuaid, 2000).