The Medellin V. Texas Case Study

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.

While, reading the case, Elonis v. United States, I was astonished to see that someone would post something so explicit, offensive, and inhumane. Basically, the case of Elonis v. United States is about a man named Anthony Elonis who is an upcoming rapper and used his stage name, Tone Dougie. His Facebook page consisted of him posting disturbing rap lyrics. Even though Elonis was going through a divorce with his former wife, which did not stop him from writing and posting crude lyrics. Eventually, it got to the point where his wife felt that she was being targeted by his lyrics. According to an article on, New York Times, Elonis wrote that he wanted to see a Halloween costume that included his wife’s “head” on a stick. Obviously, she felt threatened and reported the assaults to the police. Anthony Elonis was convicted for posting threats that targeted his wife, his coworkers, police officers, a kindergarten class, and even an FBI agent. Although Elonis argued that his posting are not considered to be a “true threat” and that he is protected under the First Amendment. I believe he wanted to cause fear towards his wife, Tara and therefore, is his lyrics are a true threat. Basically, a true threat is defined as something a person would consider to be “purposely” harmful and cause pain. Elonis mentioned that his post were not offended nor were the threatening anybody. He stated that he did not have the intent of trying to harm anyone, he was just trying

United States v. Lopez was a landmark case, being the first United States Supreme Court case, since the New Deal, to set limits on Congress’s power under the Commerce Clause of the United State Constitution. United States v. Lopez dealt with a previous decision made by the Supreme Court called the “Gun-Free Schools Zone Act of 1990,” and whether this act was constitutional. In other words, is Congress given the power by the Constitution to regulate guns in schools under the Commerce Clause?

Factual History: In Los Angeles, California during the month of October and year of 2009, Abel Lopez was attacked and robbed by a man with a knife, he later identified as Walter Fernandez. During the confrontation between Lopez and Fernandez, Fernandez informed Lopez the territory in which Lopez was ruled by the “Drifters” After Lopez placed a call to 911, a few minutes after the attack, police and paramedics arrived on the scene. Two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to a nearby alley that was often contained members of the Drifters gang. Here in the ally, a witnesses told them that the suspect was in an apartment in a house located off the

“According to estimates from the 2013 ACS, the U.S. immigrant population stood at more than 41.3 million, or 13 percent, of the total U.S. population of 316.1 million. Between 2012 and 2013, the foreign-born population increased by about 523,000, or 1.3 percent. U.S. immigrants and their U.S.-born children now number approximately 80 million persons, or one-quarter of the overall U.S. population.”People for in other countries that come to America are known as immigrants. They can be categorized as illegal or legal immigrants. Recently there has been a case (Texas v. United States) which corresponds with immigration in the United States of America. Now, it is seen as inhumane to break up families in the United sates, It’s illegal for states to sue the U.S., and the general public does not need time to react to the new program in motion.

The case Cruzan v. Missouri Department of Health was heard by the Supreme Court in 1990. Originally the case was started when the Missouri Department of Health refused the request of Nancy Beth Cruzan's parents to take their daughter off of a Feeding and Hydration Tube that had been on their child for 3 years. Nancy Cruzan was driving one night and it was guessed her car hit a ice patch and spun out of control. Nancy was thrown 30 feet from her car (she was not wearing a seatbelt) and was found by a trooper who could not tell how long she had been face down in the snowy ditch. At the hospital the doctors noticed that she had been without oxygen in her brain for fourteen minutes. Any person who is without oxygen in their

The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questions. The premise of Breyer’s approach is that the Constitution enshrines values and principles, but it grants judges the flexibility to apply those principles to changing circumstances (Yale 11). Hence, pragmatist judges embrace constitutional

In the case, Arizona versus United States, I am representing the respondent, United States, where we are seeking to stop the enforcement of S.B. 1070 in the federal district court before the law can be taken into effect. S.B. 1070, also known as Support Our Law Enforcement and Safe Neighborhoods Act, was passed in the state of Arizona in 2010 as an effort to address the large numbers of unlawful immigrants entering the state. The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the four provisions of S.B. 1070, Section 3, Section 5, Section 6 and Section 2(B) violated the Supremacy Clause of the United States Constitution.

During the supreme court case U.S v. Lopez, the United States Federal Government’s argument was that carrying a firearm inside an educational environment would lead to a violent crime. A violent crime ultimately affects the population of a school. Due to this, the federal government believed that the commerce clause should be practiced in this case. The Supreme Court backed the previous decision offered by the Five Court of Appeals. In United States v. Lopez, the U.S Supreme Court stated that Congress actually has the ability to make laws under the Clause, but these powers were limited and could not affect the Lopez case.

Hernandez V. Texas is based in the 6th amendment, “guarantees a defendant a right to counsel in all criminal prosecutions”. This case is a very well-known because there was too much of discrimination towards Hispanics. Pedro Hernandez is a resident at Edna, Texas, a Mexican guy who was accused of convicting the murder of Joe Espinosa who was also a resident of the same area. Hernandez was found guilty by an all-white jury going all the way to Supreme Court. Their lawyers argue that it wasn’t fair for them not having a Mexican American as a jury and there was only Americans, because in that way they would take advantage of a Mexican American to do whatever they wanted to do with him. In the 1950’s was when this case occurred and also there was a harsh discrimination to Mexican Americans from the white people at the United States. Mexicans and African Americans were just a “waste of time” for the white people, that’s how the white people thought about them. History, discrimination and how did this issue impact police, court, and corrections are essential things that will be cover.

This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag. Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his case

Whether Gregory Johnson burning of the American Flag is considered expressive speech thus allowing him to challenge his conviction under the First Amendment freedom of speech.

A meaningful quote by Barbara Jordan, thats goes unnoticed by many “We as human beings, must be willing to accept people who are different from ourselves.” “American Flag Stands for Tolerance”, “The Lottery”, and “Texas V. Johnson Majority Opinion” are three different stories that all talk about being able to be yourself. These three readings all relate back to the quote about accepting others, being different, and having an opinion without being discriminated for it.

The admission of Dr. Dyer’s testimony on the cause of death did not violate the Confrontation Clause because he was as an expert giving his independent opinion.

1) Identify audit procedures that, if employed by Ernst & Whinney during the 1981 USSC audit, might have detected the overstatement of the leased and loaned assets account that resulted from the improper accounting for asset retirements.