BUSINESS LAW essay - 1 Kevin Kilo ~ Fourth Amendment ~...

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1) Kevin Kilo ~ Fourth Amendment ~ Exclusionary Rule The Fourth Amendment states: 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. The exclusionary rule holds that evidence collected or analyzed in violation of the defendant 's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law . This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. Kyllo v. United States, 533 U.S. 27 (2001), held that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment , and thus required a warrant. Because the police in this case did not have a warrant, the Court reversed Kyllo's prior conviction for growing marijuana. The Supreme Court ruled 5-4 that the thermal imaging of Kyllo's home constituted a search. Since the police did not have a warrant when they used the device, which was not commonly available to the public, the search was presumptively unreasonable and therefore unconstitutional. The majority opinion argued that a person has an expected privacy in his or her home and therefore, the government cannot conduct unreasonable searches, even with technology that does not enter the home. The opposing argument tried to convince the court that thermal imaging was not a “search”, but failed as Danny Lee Kyllo had an expectation of privacy in his home therefore a warrant would be required. There are two types of expectations of privacy: A subjective expectation of privacy is an opinion of a person that a certain location or situation is private . These obviously vary greatly from person to person. An objective, legitimate or reasonable expectation of privacy is an expectation of privacy generally recognized by society. If officer’s made observations of abnormally elevated heat level Kyllo’s home with the naked eye – or other senses – that the average public bystander would observe under normal conditions, the observance would be considered public information and not a search, thus allowing the evidence obtained by the search warrant to be admissible. 2) Snoop & Ms Hammer ~ Battery ~ Sexually Transmitted Disease Battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (e.g. a hat, a purse). Unlike assault , battery involves an actual contact. The contact can be by one person (the tortfeasor ) of another (the victim), or the contact may be by an object brought about by the tortfeasor.
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  • Spring '14
  • Broome,Ma
  • Business Law, criminal law, Supreme Court of the United States, Fourth Amendment to the United States Constitution

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