United States V. Fields Vs. Stolen Valor Act

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

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.

I choose the Supreme Court case United States v. Causby because initially it reminded me of the movie Burlesque. In the movie, a man named Marcus did not want the view of his penthouse to be ruined by a skyscraper being built right next to the window. So, instead of buying the land property, he bought the air rights. Owning these air rights means that he owned the air above the surface level. This is similar to this Supreme Court case because Lee Causby was suing for the disturbance being caused planes that was happening above his property, and common law doctrine said that ownership of land extends to the periphery of the universe. Lee Causby “owned a dwelling and a chicken farm near a municipal airport. The safe path of glide to one of the

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.

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.

Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.

Dred Scott (c. 1799 – September 17, 1858) was an enslaved African American man in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott Decision". Scott claimed that he and his wife should be granted their freedom because they had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal. The United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott 's temporary

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.

Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917. This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this

but the government appealed the decision. Fields’s case entails that the Stolen Valor Act is

Like Kate, I did not receive a larger raise and have been passed over for promotions. The feedback given was, I was too quiet. Kate 's manager put the company in danger of a discrimination lawsuit, if it can be proven she discriminated against due to her sex. Although the situation I experienced may be more difficult to prove, in a lawsuit, it does violate the law, and it was unethical. Personal opinion, rather than work performance, was the motivator in both situations.

The Cherokees provided the best example of Native Americans who understood their rights most clearly as they demonstrated in their plight objecting the Cherokee removal and as they exhibited in the construction of a constitution strikingly similar to the United States constitution as well as those of the states, carefully outlining their rights in an organized coherent manner. Consistent with the federal and state constitutions, the Cherokee constitution reflected a profound belief in republicanism, a representative form of government in which those eligible to vote elected individuals to make laws to protect their life, liberty, and property.

Duane Buck, a death row inmate, has served more than twenty one years for murdering his ex-girlfriend Debra Gardner and Kenneth Butler. He accused Kenneth for sleeping with Debra and also shot his stepsister in the chest, who survived. After shooting Kenneth, Gardner ran to the street and was chased until she was gunned down while her children watched. Even though the crime should be punished, bucks attorneys argue Mr. Buck was denied a fair trial. Walter Quijano, a psychologist, gave his testimony during the trial stating that Buck was more likely to be a future danger because of his racial color. What surprises everyone is that Buck’s defense lawyer was the one who called Quijano and evoke the testimony. Even though the racial testimony had no place in the trial it still didn’t justify whether they should throw out the death sentence. No racial testimony appeared to be in his early appeals due to his counsel’s impotence for introducing it. Still it was very believable because this was not the first case Quijano made a similar testimony that had violated an inmate’s constitutional rights. Bucks lawyers tried to use this information to fight for Buck but they were not successful because the courts ruled Buck had waited too long to raise the issue. The argument here is if Buck is

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.