The Case Of Kusmider V. State

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

The role of the Judicial Branch of the United States has been the most dynamic throughout the Nation’s history. By adopting the power of judicial review in Marbury v. Madison in 1803, the Supreme Court established its position as being arguably the most powerful branch of Federal Government. However, this also made the Judiciary’s role the most controversial. Should the Court be required to interpret the constitution strictly through the language it contains? Does the Court have the right to overturn morals legislation? Through analyzing court cases like Lawrence v. Texas, one can gain insight on the role of the Supreme Court and how it fits within the confines of the United States Government.

Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse

Terry v. Ohio is an important case in law enforcement. What did the Court say in this case, and why is it important?

The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view

For my argumentation paper, I have chosen to address the issue of libel as it relates to the case of Draker v. Schreiber. Libel is defined as a published false statement that is damaging to a person 's reputation. Draker v. Schreiber was taken up by the Texas state court, on September 1st, 2006. I agree with the court 's decision to not charge the young boys for defamation and intentional emotional distress. Throughout this paper, I will support three arguments, first why the students should have been held responsible for defamation and libel per se, second why the students were not responsible for intentional infliction of emotional distress, and lastly, why I believe the parents were not in question of negligence or

United States is one of the few nations that guarantees and protects freedom of expression of its citizens. Freedom of expression is defined as a right to voice ones beliefs and ideas without any harm. Under the Bill of Rights, the government has no power to restrict these unalienable rights. The First Amendment is exceedingly important to the liberty and freedom of individuals. It guarantees citizens the ability to express themselves, worship, voice their opinions, and rally to situations they disapprove of and want to be heard. A great amount of laws and cases pertain to adults and their freedom. It is often unrealized that adolescents and teenagers endure the same issues in their lives.

When a person takes steps toward the commission of a crime and has a specific intent to commit the crime, but for unforeseen reasons is unable to complete the crime the person has committed the crime of Attempt (Jirard, 2009). In the case of the State of Indiana versus Donald J. Haines, emergency personnel including two police officers [Dennis and Hayworth] along with emergency medical technicians [Garvey and Robinson] responded to Mr. Haines’s apartment for a report of a possible suicide that just occurred. When officers Dennis and Hayworth arrived at Haines’s apartment they discovered him lying face down in a pool of blood. Officer Dennis noticed that both of Haines’s wrists were cut and were bleeding. When Haines heard the paramedics he stood up, and began screaming at Dennis that he has AIDS and that he should be left to die. Dennis advised Haines that he was there to help him, and Haines told Dennis that he wanted to fuck him so that he could give him AIDS. Haines than told Dennis that he was going to utilize his wounds to spray blood on him, and began to jerk back and forth causing his infected blood to get into Dennis’ mouth and eyes. Haines told Dennis that he could not deal with having AIDS, but that he was going to make him deal with it.

The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.

The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose

Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he

In the Case of Missouri v. Seibert, a mother named Patrice Seibert was convicted of second degree murder. Patrice Seibert had a son named Jonathan who was twelve years old and had cerebral palsy. Jonathan Seibert suddenly died in his sleep, and his mother thought that she would be held responsible for his sudden death. Ms. Seibert then devised a plan with her two older sons and their friends. She wanted to cover up the death of Jonathan, so she conspired with her sons and their friends to cover up the death by burning down their mobile home. Donald Rector was a mentally ill individual who stayed with the Seibert’s and later died as the home went up in flames. Several days later, Seibert was taken into the police station and questioned about the mysterious mobile home fire. While being interrogated, the officer waved Ms. Seibert’s Miranda rights. She was questioned for thirty to forty minutes before she was given a break. While being questioned, the officer hoped that Ms. Seibert would voluntarily confess to the crimes that had taken place. After her break, she was then questioned a second time. This time, the officer turned on a recorder and then read Ms. Seibert her Miranda Warnings, and the officer also obtained a signed waiver of rights from Seibert.

the court case Maryland, Petitioner v. James Kulbicki, James Kulbicki fatally shot his 22-year-old-mistress. Kulbicki shot his mistress on the weekend before he was scheduled for a hearing on unpaid child support, which was tied into a paternity suit between Kulbicki and his mistress. At Kulbicki’s trial, which began in 1995, evidence was presented that the bullet removed from the head of Kulbicki’s mistress matched the bullet fragment that was left in Kulbicki’s truck. FBI Agent Ernest Peele, who represented the CBLA (Comparative Bullet Lead Analysis), presented this evidence. Peele also examined a bullet taken from Kulbicki’s gun. Even though the bullet in the victim’s brain was not an “exact” match to the bullet found in the gun, Peele assumed that the bullet from the gun was similar enough to the first two bullets found. Using

In the case of State v. Heitman, Gary Heitman was sentenced to 8-12 years in prison for charges of “criminal conspiracy to commit first degree sexual assault on a child” (Heitman 1). Gary Heitman, 53, sent lude and perverse emails and letters to a 14-year-old girl, referred to as A.S. His first physical encounter with the girl was handing her an envelope containing “a $100 bill, three condoms, and a letter” (Heitman 1). After the girl had informed authorities, they took matters into their own hands and began to email Heitman under the guise of A.S. In this case of entrapment, there was sufficient evidence before the happening of the guise, and only warranted authorities to be sure that his intentions were clear. I believe that drawing on neither

Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent