Recent orders
Exclusionary Rule under the Fourth Amendment
Exclusionary Rule under the Fourth Amendment
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The Fourth Amendment Concepts in the Exclusionary Rule
The fourth amendment is put in place to enforce the rights of citizens against unreasonable searches and seizures unless in the case of there being a probable cause and a warrant issued. The issues warrant is supported by oath or affirmation and it particularly describes the place to be searched and the person or things to be seized. A search is said to occur when those enforcing the law trespass on a person’s property, this can take many forms, for example when a phone is tapped, it is a trespass of privacy or even when a Global Positioning System, GPS, tracker is placed on the vehicle (Maclin, 2012).
The probable cause is a reasonable belief that an individual has, is or will commit a crime (Siegel, 2009). The belief must be based on facts and not suspicion. To determine probable cause the court must determine that a person with reasonable intelligence believes that a crime is being committed under the same circumstances (Siegel, 2009). Proving of a probable cause to a judge is the only way a law enforcement agent can get a search or arrest warrant. A warrant is a legal document that allows law enforcement authorities to search a person’s property and arrest a person (Maclin, 2012). Arrest is the act of holding a suspected criminal with the legal authority of a law enforcement officer. At the moment of arrest, the officer must read the arrestee their Miranda rights and either cite the person to appear in court or take him to jail (Maclin, 2012). If a search or arrest is made without a warrant then the officer must prove that there was a probable cause. The court in turn may suppress any form of evidence obtained without probable cause.
There are different categories of evidences that fall under probable cause. They include circumstantial evidence, which is based on an accumulation of facts that when looked at together implies that a crime has been committed (Del Carmen, 2009). Observational evidence is based on what the arresting officer is able to see, smell and hear. An officer may also use his expertise in order to gather evidence or evidence may also be obtained through information such as hearing a call on a police radio or receiving information from a confidential informant (Del Carmen, 2009). On the other hand, some sources of evidence are strong enough on their own. A police officer does not have to be absolutely certain that criminal activity is taking place to perform a search or make an arrest. Probable cause exists still when there is some doubt as to the person’s guilt. Seizure is where a person’s property is taken from them or themselves taken as evidence (Maclin, 2012). A person is said to have been seized only if physical force is used, the person’s freedom of movement is infringed, and in the circumstances surrounding the incident, a rational person would think he was not free to leave.
To establish a reasonable expectation of privacy, a person must establish two things: one is the fact that an individual has a subjective expectation of privacy and second, the subjective expectation of privacy is one that society is prepared to recognize as reasonable (Siegel, 2009). If either element is missing, no protected interest is established. A person does not have a reasonable expectation of privacy in activities conducted in a public area but when in his home it becomes applicable (Siegel, 2009). The online communications however have deterred the reasonable expectation of privacy regarding to the use of IP addresses for websites and the emails which can be accessed as they are not protected under the amendment (Del Carmen, 2009).
The stop and frisk concept occur when the police come across a suspicious person and do some limited search on their body, after asking questions so as to prevent a crime from happening (Del Carmen, 2009). The police usually asks questions and pat down the person. A stop involves a temporary interference with a person’s liberty, where if the officer uncovers further evidence during the frisking the stop may lead to an arrest, but if no further evidence is found the person is released (Maclin, 2012). Unlike a full search, a frisk is generally limited to a patting down of the outer clothing. If the police officer feels the person carries something like a dangerous weapon, then the officer becomes obliged to reach inside the person’s garments. If no such dangerous weapon is felt, the search may only be restricted to the outer clothing (Maclin, 2012). Stops and frisks were noted to be considerably less intrusive than full-blown arrests and searches. It is also observed that the interests in crime prevention and police safety require that the police have some breathing space to act before full probable cause has developed (Siegel, 2009). The Fourth Amendment’s reasonableness requirement is sufficiently flexible to permit an officer to investigate the situation. As long as an officer has reasonable suspicion, a stop and frisk is legal under the Fourth Amendment. This is to ensure the officer’s safety and those around; therefore, probable cause is not required for this.
References
Del Carmen, R. V. (2009). Criminal Procedure: Law and Practice. New York: Cengage Learning.
Maclin, T. (2012). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. London: Oxford University Press.
Siegel, L. (2009). Introduction to Criminal Justice. New York: Cengage Learning.
Discussion Topic. Suggestion to Handle Employees
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Title: discussion Topic
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Date: August 13th 2013
Suggestion to Handle Employees
An employee may fail to realize that he/she is failing in their duties due to lack of motivation in their job. Poorly motivated workers tend to lose touch and connection to their job and work like zombies and fail to realize when they fail.
To avoid such situations managers should ensure that all workers are motivated to love their job.(Mondy, Noe & Gowan 2005)
Negative effects of Downsizing
The main reason for downsizing is to save on the operating costs; however the company has to pay the workers who leave. The organization here spends more money than they save after downsizing, this is an unintentional consequence. (Meuse 2003)Responsibility of HR
Human resource managers play an important role in the motivation of workers. Workers get their working conditions set by human resource managers.
Managers have a role to set working conditions that motivate all workers. Motivation is not only a matter of wages but also managers should be able to provide the emotional support that their workers need at the workplace.
Recommendation
Managers should synchronize all their activities with the Human Resource department in the organization. HRM will play its intended role of being the bridge between workers and the general management team. Synchronizing both departments will provide mutual understanding and decisions made by the general managers will incorporate the interests of all workers.
The likely impact of ethical decision making is that once decisions are made in the organization, they will be clear to everybody. The decision making process will involve all stakeholders, by doing this everybody will have an understanding of the way forward.
References
Mondy, R. W., Noe, R. M., & Gowan, M. (2005). Human resource management(9th ed.). Upper Saddle River, N.J.: Pearson Prentice Hall.
Meuse, K. P. (2003). Resizing the organization: managing layoffs, divestitures, and closings : maximizing gain while minimizing pain. San Francisco: Jossey-Bass.
Discussion Tips
Discussion Tips
Grading Criteria
Criteria Excellent Satisfactory Unsatisfactory Poor
Overall Length of Discussion
Weight 25% 100-76 %
Achieved over 350 words in the discussion. Discussed the topic in detail. Length showed mastery of the material. 75-51 %
Achieved over 300 words in the discussion. Discussed the topic in detail. Length showed mastery of the material. 50-26 %
Did not achieve 250 words in the discussion. Length shows knowledge of material, but not mastery of material.
25-0 %
Achieved less than 200 words. Length shows no knowledge of the material and/or did not explain question fully.
Answered All
Questions
Weight 25% 100-76 %
Answered all questions in the discussion. Answers were of adequate length, detailed, and showed mastery of material. 75-51 %
Answered all questions in the discussion. Answers were not of adequate length, needed detail, but did show mastery of material. 50-26 %
Answered most, but not all the questions in the discussion adequately. Answers shows knowledge of material, but not mastery. 25-0 %
Did not adequately answer the questions. Answers were extremely brief in length. Answers show little to no knowledge of material.
Listing and Using Sources
Weight 50% 100-76 %
Correctly listed 2 or more sources. Sources met class requirements and correctly cited sources in the discussion. 75-51 %
Correctly listed 2 or more sources. Sources met class requirements but were not cited correctly in the discussion or not cited at all. 50-26 %
Listed only one source, source did not meet class requirements, or sources were not properly listed at the end of the discussion. 25-0 %
No sources were listed at the end of the discussion, discussion was plagiarized, or did not use listed sources. First two will result in an automatic zero on the assignment.
Importance of Discussion
Online discussions account for 15% of your overall grade in this course. Students need to make sure to read the chapter before attempting to answer the discussion question to ensure they make the best possible grade. Reading the chapter will help students know how best to answer the question correctly.
Make sure you read the above grade criteria to understand how discussions are graded in this course. Grades will be based on the overall length of the discussion, answering of the questions with the discussion, and the quality of sources used in discussions. Reading the grade criteria ensure students understand where points may be deducted in their discussions and how to prevent it from occurring. **Grading criteria allows for grades to be as objective as possible**
Plagiarism of any type is a serious academic offense and breaks the South Texas College Code of Student Conduct. https://life.southtexascollege.edu/student-rights-and-responsibilities/student-conduct/academic-dishonesty/ Students will receive an incomplete on their assignment, as well as be reported to the college for their academic violation. Make sure you understand what plagiarism is and how best not to commit this academic offense. https://www.plagiarism.org/article/what-is-plagiarism
Importance of Sourcing and Citing
Students need to list at least two primary sources at the end of each discussion. Primary sources provide immediate or first-hand knowledge of a topic. Textbooks, research articles, “.edu” sites, and “.gov” sites are highly recommended. There are many good “.org” sites, but not all “.org” sites are acceptable sources of material. Your teacher will have final say of what sources are acceptable or not acceptable for the assignment.
Students need to cite all their sources within each discussion. Students are expected to cite each source correctly within the discussion (author, year) to get receive full credit for the source. If students have questions about how to cite their sources within the discussion, they should use this link: https://guides.libraries.psu.edu/apaquickguide/intext
Discussions need to be original work backed by primary sources. Discussions should not be full of quotes from listed sources, rather discussion should be a student’s own words backed up by facts from their sources. Although some personal experience can be used in your discussion, it should not make up the majority of your discussion. Remember that you are not an expert in the field and therefore cannot list yourself as a source for the discussion.
Failure to list your sources at the end of your discussion will result in an automatic incomplete on the assignment. Information provided in the discussion cannot be verified without sources and therefore plagiarism will have to be assumed.
How to Find Good Sources
Go to https://library.southtexascollege.edu/
Under Research Tools, you will see the “Databases” CLICK IT.
Under the “Databases” menu be sure to click “P”.
Scroll to the bottom of the list and you will find “Psychology and Behavioral Science Collection.” CLICK IT.
Click “Full Text” box and then type in your keyword or words in the search bar. Click “Search”.
The quality of articles you depend on how you worded your search.
When you click on an article, the menu on the right-hand side will have a tab labeled “Cite”.
When you click it the “Cite” button, the article will be cited for you in MLA or APA style. All you will need to do it just copy and paste it at the end of your discussion. (Do not just copy the URL of the STC website, points will be deducted).
Defining Good and Bad Sources
Good Sources
Text book (classroom textbook)
Research articles (STC library database)
Good websites include (.gov or .edu)
Other websites possibly include .org (use .org at your own risk)
Bad Sources
Any and all .coms
YouTube or wiki sites
List the instructor as a source (list the book instead)
Do not use simplepsychology.org
Do not use blogs, even if they are .org or .edu
Posting Discussion and Finding Grades
Log into Blackboard and select the course you are in (Psych 2301, 2314, 2306, or 2319.)
Once you find the module with the current week, “Click it.”
When the module for the week opens, you will find the chapter discussion, “Click it.”
Read the discussion question and then click the discussion question when you are ready to start the assignment.
Once in the discussion, you will see “Responses” and it is here that you will submit your answer. (I would recommend working on the discussion in Microsoft Word and then just copy/paste.)
Make sure to copy and paste your answer in the space provide and click “Submit” when you are finished. Make sure to proof read your answer before submitting making sure you listed your sources.
Before you log out of Blackboard go back to the discussion question and make sure that your answer was submitted. (You should be able to view your submission after a couple minutes.)
Grades for your submitted answer will be available in a timely manner and before the next discussion is due. (Allow some time for grading of the assignment before emailing and asking for your grade.)
You will find your grade for the assignment under the “Gradebook” tab located on the top of the right-hand side menu of homepage of the course.
Each grade will have a comment explaining your grade, you just need to click your grade in the gradebook. (If you are using the Blackboard Ultra app, you may not be able to see the comment. Make sure to log into Blackboard Ultra via a computer.)
Grades for discussions are final, but feel free to ask questions about the grade if you do not understand the comment given on your grade. Make sure to take the comment into consideration before attempting your next discussion.
Check List Before Submitting Discussion
Discussion was more than 350 words long, not including the sources at the end of the discussion.
Discussion was organized into separate paragraphs, checked for grammar, and spelling.
Answered all the questions in the discussion in their own paragraph and all the answers were detailed.
Listed all sources fully and completely at the end of the discussion; double checked that the sources where not on the “bad sources” list.
Cited all my sources correctly within the discussion (author, year); double checked all sources at the end of the discussion were cited.
Copy and paste your discussion into the current discussion chapter, double checked that it posts before exiting Ultra.
Updated: Nov 2021