When asked, the defendant first stated that the plastic container contained "crack that belonged to her friend." The substance was then tested and was positive for cocaine (trace amounts). The test was conducted using a field presumptive
After the Supreme Court review the Wong Sun v United States case, the Supreme Court found that “Wong Sun statement could not be used to corroborate the second defendant’s police statement and the second defendant’s statement could not corroborate Wong Sun’s statement because neither statement was made during the existence of drug conspiracy” (Ingram p.89). Therefore, the Court conclude that the defendants of Wong Sun v United States case deserved a “new trial because there remained no admissible evidence against them” (Ingram
Savana sued her school district, claiming unreasonable search and seizure, and her case went all the way to the Supreme Court(Amy E. Feldman).”School Officers claimed that Ms.Redding was holding Ibuprofen on school grounds. She was called to the office following another student who confessed that she was receiving pills from Ms.Redding. Another student’s confession is not reliable enough for a search or a seizure. The student who was called down has had previous records of drug usage, therefore the probability of her telling a lie was very high at this point.”In the case of Safford Unified School District v. Redding—25 years after the T.L.O. case—the Supreme Court found that Savana’s rights had, in fact, been violated and stated that a search by a school must not be "excessively intrusive in light of the age and sex of the student and the nature of the infraction.(Amy E. Feldman).” The officers at the school claimed Ms.Reddings to be possessing IBuprofen.A probable cause would be to search her purse or backpack, which was the initial search. Nevertheless, subsequently, the school nurse checked her body from her head to her toe, till the only thing covering her, was her underwear.After finding
A. Rule: The court case of T.L.O. also establishes a more compassionate standard of what they review as a “reasonable suspicion”, in what goes on to determine whether or not the lawfulness of the search was in the school policy or follows district policy too. To lead reasonable suspicion can sum up and equalized,when it leans toward a lessen of any chance of finding evidence of wrongful behavior in a student or individual. Of all the information Wilson acquired from the Faculty and other questionable sources from students, Marissa’s statement of the pills came from Savannah that lead was sufficient in justification of a search upon Savannah’s backpack. In addition the Savannah’s outer clothing. Savannah reasoning could be possibly was reckoning of carrying the tylenol. The disgraceful strip search and seizure that ultimately exposed her private areas to some degree.The content of this belief failed to match the degree of intrusiveness she was getting from the school. Nothing was led to suggested the amount and quantity of the drugs, could appeal to pose a real danger to any of the students or to that of Savannah in carrying pills in her underwear or in bra.School officials are allowed and can search any students belongings and lockers. They are entitled to qualified immunity where it clearly states and establishes as qualified immunity and established
The mandatory sentence of two years’ imprisonment is unconstitutional because it is “cruel and unusual punishment” which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused.
Created a new procedure in which they could mix as many drugs during a prosecution
Dickerson, Timothy Dickerson was seen in a drug known area. An officer ordered a pat down to investigate. When searching for weapons, the officer felt a small lump in Dickerson’s pocket. Without further evidence, the officer reached into his pocket and found a bag of cocaine. The U.S. Supreme Court unanimously agreed that the cocaine in this case was inadmissible as evidence even though the Court held that officers were allowed to assume that an object was contraband through touch. It was stated that, “If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view
Many believe that government testing programs should be unconstitutional unless the authorities have either reasonable suspicion or probable cause that the individuals being tested are on drugs. To justify the use of private employer testing, President Bush said in 1989 that "Drug abuse among American workers costs businesses anywhere from $60 billion to $100 billion dollars a year in lost productivity, absenteeism, drug-related accidents, medical claims, and theft" (Horgan, 19). This claim was derived from a source that interviewed families that were 28% lower in overall income than the average household. This was used in an effort to promote Bush's "war on drugs" forum into the private sector (Horgan, 21). Many behavior's of lower income people often differ statistically from upper-income people, therefore the statement of Bush never establishes a clear or accurate statistic. "In 1989 President George Bush unveiled his National Drug Control Strategy, encouraging comprehensive drug-free workplace policies in the private sector and in state and local government" (Stencel, 201). This created many controversies within the American workplace and in National Treasury Employees Union v. Von Raab decision; the Supreme Court upheld that drug
The upshot was reversal of summary judgment as to Wilson, while affirming the judgments in favor of Schwallier, the school nurse, and Romero, the administrative assistant, since they had not acted as independent decision makers. It is noted and recognized that the school setting requires some modification of the level of suspicion of illicit activity needed to justify a search, and held that for searches by school officials. The standard of reasonable suspicion has been declared on the school and the legality of a school administrator's search of a student. Cases that are on probable cause have an implicit bearing on the reliable knowledge element of reasonable suspicion, as we have attempted to flesh out the knowledge component by looking to the degree to which known facts imply prohibited conduct, the specificity of the information received. The lesser standard for school searches could as readily be described as a moderate chance of finding evidence of wrongdoing. In this case, the school's policies strictly prohibit the nonmedical use, possession, or sale of any drug on school grounds, including any prescription or over-the-counter drug, except those for which permission to use in school has been granted pursuant to board policy. The majority finds that subjective and reasonable societal expectations of personal privacy support this type of search, which it labels a strip search, as categorically distinct, requiring distinct elements of justification on the part of school authorities for going beyond a search of outer clothing and belongings., in the majority's view, although the school officials had reasonable suspicion to believe that Redding had the pills on her person, they needed some greater level of particularized suspicion to
According to the Controlled Substances Act, 21 U.S.C. § 841(b)(1)(C) (2010), “such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life.” The question that arises from this rule in the Controlled Substances Act is the meaning of “results from” that one must prove. “Causation is an important issue in many cases in a variety of fields of law and has been so for centuries. Yet it continues to confuse lawyers, in part because of a proliferation of unhelpful terminology (for which we judges must accept a good deal of the blame),” see United States v. Hatfield, 591 F.3d 945 (7th Cir.2010).
Id. ¶ 40, 873 N.W.2d at 696. See United States v. Aponte, 619 F.3d 799, 800, 807 (8th Cir. 2010) (holding that the “knowing” element was not supported by sufficient evidence to show that the occupants knew drugs were in the third party owned vehicle; there was no evidence presented linking the defendants to the drugs; and the prosecution cited no authority to support other rationale for inferring knowledge). See also Utah v. Salas, 820 P.2d 1386, 1387-88 (Utah Ct. App. 1991) (holding that the “knowing” element was not supported by sufficient evidence to prove the defendant knew about the drugs found under the seat of another occupant).
Mr. Brie was convicted of the manufacturing and distribution of a controlled substance analogue in violation of the Controlled Substances Act (CSA) and the Controlled Substance Analogue Enforcement Act of 1986 (Analogue Act), federal statutes, 21 U.S.C. §§ 802(32), 812, 813, 841(a), & 841(b)(1)(C) (2012), which is an offense that has a scienter element the Government has the burden of proving. McFadden v. United States, 135 S. Ct. 2298 (2015). The scienter element is developed through the following relevant provisions. A controlled substance analogue is defined as a substance which: 1) the chemical structure is substantially similar to schedule I and II substances, 2) has effects similar to (or greater than) those of substances that are schedule I or II, or 3) is
Fallsbauer will argue that he did not have knowledge of the chemical structure of the drug, and that because he was told how to make the Taz tabs by his nephew and could buy the materials at the drugstore, he did not know that the substance could be similar to an illegal drug. Evidence of this are the method of sale transactions, which were in public, in the daylight, and not concealed. Because the Government has proven that he knew the Taz had heightened caffeinated effect similar to a drug listed on the drug schedules, they have not met the mens rea element necessary to uphold the
The court held that the expert medical witness testimony regarding the Herbel Study, his own experiences as a physician, and the medical record of the defendant did not provide enough evidence to justify the forced medication of the defendant even though all three concerned patients with delusional disorders. Watson, 793 F.3d at 428. The court found that the fourteen year-old Herbel study was inherently flawed due to its design and did not justify the forced medication of the defendant because the information provided about its subjects was neither similar enough nor specific enough to the situation of the defendant at hand. Id. at 426. Similarly, the court faulted the government’s reliance on the personal experiences of the witness because the information provided regarding his patients was not specific enough to the defendant’s situation. In particular, the testimony did not indicate that the previously treated patients had delusions that were “meaningfully similar in nature and persistence” to those of the defendants. The medical record of the defendant was also inadequate because although it reported that he had previously been given the, it only indicated that he had been treated and released. Id. at
Known as the Elba Tablets, dated from 2500 to 2250BC, consisted of a collection of as many as 1,800 different clay tablets along with 4,700 fragments as well as many thousand minor chips. Written in two different languages with clay identity tags attached to them with the first language being Sumerian and the second language being an unknown language but similar to Sumerian which eventually the archaeologists named "Eblaite."