Sibro Vs New York Case Study

According to New Jersey v. T.L.O Supreme Court Case (1999), a teacher at Piscataway High School in Middlesex County, New Jersey discovered two 14-year-old freshmen smoking in a lavatory on March 7, 1980. Since smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal’s office, where they met with Theodore Choplick, the Assistant Vice Principal. During questioning, one girl admitted that has had violated the school rule, while the other girl, T.L.O, denied she smoked at all, much less that she had been smoking in the lavatory. Becoming suspicious, Mr. Choplick asked T.L.O to come into his office and to see her purse. Upon opening the purse, Mr. Choplick found a pack of cigarettes. When he went to grab for the cigarettes he noticed a package of cigarette rolling papers. Suspecting evidence of drug use could be found in the purse, Mr. Choplick proceeded to look through the purse. The searched discovered a small amount of marijuana, a pipe, a number of empty

This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.

Parties: Parminder Kaur & Amanjit Kaur (Petitioners) v. New York State Urban Development Corporation (Respondent)

Introduction Of Case: New Jersey v. T.L.O. (1985) is a court case heard and ruled on by the Supreme Court of the United States. The case dealt with the constitutionality of the search of a public school student after she had gotten caught smoking in a public school bathroom. The search provided evidence of drug paraphernalia, marijuana, and the intent of sale of drugs. The student fought the charges, stating that the search violated her Fourth Amendment rights. The United States Supreme Court ruled 6-3, that the search was reasonable under the Fourth Amendment.

On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son’s constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of Memphis. With a 6-3 decision, the Justices’ decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is constitutional as long as it is “reasonable”. I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop criminals from escaping punishment.

According to the facts, it seems that the sentiment of John (Cougar) Mellencamp's hit in the 1984 fueled the controversies basing on the court’s decision on June 23, 2005. The ruling stated that the local government or federal government was entitled to exercise eminent dominant rules to enable them acquire private property and utilize it for purposes of economic development. “Eminent domain also referred to as condemnation, is the act of taking private property and making it public property by the local governing authority, state, or federal government” (Bradley 65). The private property taken away is converted to public property for public use.

Procedure:     Garner’s father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for violations that were made of Garner’s constitutional rights. The complaint was alleged that the shooting of Garner violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. After a three day trial, the District Court entered judgement for all defendants. It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon’s actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is “seizure” under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony.

This evidence of drug dealing was turned over to the police and the police asked TLO’s mother to bring her to the police station for further questioning, which resulted in her confession of selling marijuana at the school. In the Supreme Court, TLO lost to New Jersey 6-3. The question brought to the court in this case was, did Choplick’s search violated TLO’s Fourth Amendment, and did the exclusionary rule apply to the search.

T.L.O. and The New Jersey State School system.T.L.O.was found in the lavatory smoking by a teacher and was brought to the Vice Principal's office. The vice principal searched her purse and found illegal substances and turned them into the legal authority after contacting them and her mother. The student claimed that it goes against the fourth amendment because it was an illegal search and seizure. Their dispute was whether the school had the right to search and take illegal substances found when they do search the students.The case got to the supreme court by appeals through the lower court systems because it dealt with the interpretation of the fourth amendment.

New York’s search and seizure laws are coded in the monumental Supreme Court case Terry v. Ohio.

Four years ago Danroy “DJ” henry Jr. from Easton, Ma, was killed by a New york police officer. Since then the nation seen the death of trayvon Martin who was kiilled by a neighborhood watch volunteer and Michael brown who recently just got killed by a policeman in Ferguson, Missoury. However, the story of Eric Garner is shown to be an ongoing issue between Eric Garner and the New york police department weeks prior to the incident. In the video, Garner is seeing expressing to the policeman that he was tired of being harassed by the same policeman and he was not selling cigarettes. During the whole conversation more officers started to approach the scene and eventually as Garner was speaking the officers moved to arrest a much taller Eric Garner. After Garner resisted the arrest, officer daniel pantaleo approached garner and put him in what is an illegal chokehold and brought him to the ground. Four other officers restrained Garner in the sidewalk where he repeated “ I cant Breathe” 11 times to the police officers that was in the scene. After the incident the police department stated it was an unfortunate situation of man who had previous altercation with the police prior to july 17th 2014. After the incident medical examiners determine Garner’s cause of death was due to neck compression, and the compression of his chest and contributing health factors such as asthma and cardiovascular condition that correlates with his death. On December 3rd 2014 a grand jury decided not to

A1. Analyze the impact of New Jersey v. T.L.O. (469 US 325, 1985) by doing the following:

In this case, the Supreme Court set a standard for force police officer can lawfully use on a suspect. In reality, Graham, a diabetic patient, had asked Berry, a friend, to drive him to a convenience store to buy orange juice, which he needed to control his condition. Seeing a long line in the store, Graham asked Berry to drive him to a friend's house instead. Based on his suspicion, an officer made an investigative stop and ordered Graham and Berry to wait while he determined what happened in the store. Other officers arrived on the scene, and a force was used, in which Graham sustained multiple injuries.

1. To start with, Santobello v. New York states that the analysis does not focus on the harmlessness of the breach of a plea agreement. In this case, the original prosecutor agreed not to make any sentencing recommendations in the plea agreement, but the new prosecutor recommended the maximum sentence. The judge decided to sentence the defendant to the maximum sentence, and said that he was not influenced by the new prosecutor's breach of the plea agreement. The Supreme Court abandoned the conviction and delayed the case, stating that they made a promise in the negotiation of a plea. In other words, the breach of the plea agreement itself lead to the removal of a judgment.

Léopold Sédar Senghor was a famous poet most widely known for his work in the 1940s and 1950s. He wanted to inspire pride in the culture of Africa and wrote extensively about the interactions and conflicts between Africa and the West. One of his more famous poems, To New York, was written in 1956 and portrays the racial differences in the United States, specifically New York. The 50s were a critical time in the civil rights movement in the United States. In this section, from the poem To New York, Léopold Sédar Senghor talks about a sense of renewal. By bringing in the old Africa, it would make New York more pure and restore the unity