Category: Law

Violate his Fourth Amendment protections

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An officer learned that an armed robbery had been committed at a convenience store located half a mile from her beat. Fifteen minutes later, she noticed a man matching the suspect’s race, general age, weight, and height walking towards her with a backpack. Since it was only 7 P.M., and she had passed a few other men with a similar description, the officer did not consider stopping the man. Upon seeing the officer, the man suddenly started looking down at the ground and took an immediate left turn on the next street.
The officer followed him and stopped him to inquire where he was headed. He claimed to be “going home.” She asked him if she may look in his bag. Upon his refusal, she began to frisk him. During the frisking, she saw round objects outlined in his bag that aroused her suspicion.
She ordered him to the ground and searched his backpack. The objects were bullets and she also recovered a gun that was eventually linked to the robberies.
In the court, the defense is bringing a motion to suppress the seizure of the gun due to an illegal stop, search, and seizure.
Which are the major issues in this case that would be brought to the judge? Why?
How would you argue that the officer’s stop of the man did or did not violate his Fourth Amendment protections, with reference to cases such as Terry v. Ohio (1968)and United States v. Sharpe (1985)? Why?
Did the officer have legal justification to search the man’s backpack? Why?
What is the strongest argument that your opposition can make regarding the legality or illegality of the search? Why?
View the case of The State of New Hampshire v. Michael D’Amour, which analyzes a warrantless search of a suspect’s backpack.
https://www.courts.nh.gov

 

Violate his Fourth Amendment protections

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An officer learned that an armed robbery had been committed at a convenience store located half a mile from her beat. Fifteen minutes later, she noticed a man matching the suspect’s race, general age, weight, and height walking towards her with a backpack. Since it was only 7 P.M., and she had passed a few other men with a similar description, the officer did not consider stopping the man. Upon seeing the officer, the man suddenly started looking down at the ground and took an immediate left turn on the next street.
The officer followed him and stopped him to inquire where he was headed. He claimed to be “going home.” She asked him if she may look in his bag. Upon his refusal, she began to frisk him. During the frisking, she saw round objects outlined in his bag that aroused her suspicion.
She ordered him to the ground and searched his backpack. The objects were bullets and she also recovered a gun that was eventually linked to the robberies.
In the court, the defense is bringing a motion to suppress the seizure of the gun due to an illegal stop, search, and seizure.
Which are the major issues in this case that would be brought to the judge? Why?
How would you argue that the officer’s stop of the man did or did not violate his Fourth Amendment protections, with reference to cases such as Terry v. Ohio (1968)and United States v. Sharpe (1985)? Why?
Did the officer have legal justification to search the man’s backpack? Why?
What is the strongest argument that your opposition can make regarding the legality or illegality of the search? Why?
View the case of The State of New Hampshire v. Michael D’Amour, which analyzes a warrantless search of a suspect’s backpack.
https://www.courts.nh.gov

 

Nguyen v. Barnes & Noble, Inc. 763 F.3d (2014)

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The first two pages of the above-mentioned case should be an IRAC Case Brief (Issue, Rule, Analysis, and Conclusion). I have also attached a PDF of the case.
The second two pages should see below:
1. Review role of paralegal in drafting an IRAC case brief
2. Review the components of a IRAC case brief
3. Review why an IRAC Case Brief may be important for our client’s case.
I hope that I have explained this correctly; if not, please reach out to me. Thank you in advance for your assistance with this matter

 

 

 

Recommendations For Rehabilitation

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Watch the video An Insider’s Plan for Rehabilitating the Juvenile Justice System, Jeff Wallace and use the case chosen from the PBS cases Four Kids, Four Crimes in Week 7’s discussion to address the following:
• Discuss how you believe Wallace’s recommendations could have helped rehabilitate the juvenile featured before they were sentenced as an adult.

https://www.pbs.org/wgbh/pages/frontline/shows/juvenile/four/

 

CYBERLAWS & ETHICAL HACKING

Posted on | by Brian Leakey

: Analyze the ethics of network sniffing and the practicality of encrypting all network traffic.
Assignment Requirements:
Network sniffing is the act of observing communications on the network in either a passive or an active mode. With sniffing, you can see what is being transmitted unprotected on the network and potentially intercept sensitive information. Attackers use sniffers to compromise the confidentiality of data as it flows across a network.

Answer the following question(s):

  1. In a university environment, what ethical concerns might exist for administrators when sniffing traffic?
  2. Should you encrypt all network traffic to protect against unauthorized network sniffing? Why or why not?
    Fully address the question(s) in this task; provide valid rationale for your choices, where applicable.

Taking powers for real property

Posted on | by Brian Leakey

Unlike many English language constitutions, the United States Constitution specifically provides for a mechanism for the government to involuntarily take private real property from its citizens. The only requirement that the government must show is that the taking is for a “public” purpose. There is no requirement that the taking be “necessary” or even “reasonable”. Any stated government purpose suffices. If the public purpose is demonstrated, then the government, state or federal, may take the property and provide the previous owner with “fair value” or compensation for the taking.
For your discussion in this module, we will use the basic debate form. The proposition set forth is this: “The United States Supreme Court taking powers for real property are just and necessary. No modifications need exist to the takings clause at this time.” In your primary post, affirm or oppose the proposition and in your peer posts comment, affirm, or oppose.
Post your initial response to the discussion question

Law or dispute in the land

Posted on | by Brian Leakey

In the United States, the Supreme Court has the final say concerning any law or dispute in the land. The decisions by the U.S. Supreme Court may not be appealed and become the law of the land the instant the opinions are made public by publication of the document. No other branch of the government has the absolute final say on any issue, legal or otherwise.
Further, members of the Supreme Court are not elected by the public but rather are appointed for life by the President and Senate and cannot be removed by less than a 2/3 vote of the United States Congress.
For your discussion in this module, we will use the basic debate form. The proposition set forth is this: “The United States Supreme Court powers are appropriate and essential. No other legal form or entity could exist superior to our system.” In your primary post, affirm or oppose the proposition and in your peer posts comment, affirm, or oppose.
Post your initial response to the discussion question

Principles Of Tort Law

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After learning about tort laws in this module, address the following questions: How are tort laws helpful in protecting against invasion of privacy? What limitations do internet torts have? How can people protect against these limitations? Include an example that illustrates the difference between internet torts and traditional torts.
Finally, in responding to your peers’ posts, reflect on diverse defenses in internet tort cases.

 

Hooke’s law cannot perfectly predict the relationship between stress and strain of materials.

Posted on | by Brian Leakey

As we have learned in this unit, Hooke’s law cannot perfectly predict the relationship between stress and strain of materials. See Figure 10.33 under Section
10.8 in the textbook. Can you provide your opinion why the materials behave like this on the elastic limit? Do you think we need new physics to explain that?
Share your idea with other students.
Please include the name of the person or question to which you are replying in the subject line. For example, “Tom’s response to Susan’s comment.” If you
agree or disagree on the subject that you’re replying to, please show your own opinion clearly based on your own experience/thought why you
agree/disagree.
Reply to:The way I understand Hooke’s law is in relation to bungie jumping. Putting stress on the line as the person or persons are jumping from a base is
putting stress on the bungy cord and is putting the cord to it’s elastic limits. This would tell us that the applied force to the cord is applied but not exceeding
the limits of the cord itself. Through the use of Hooke’s law, engineers and designers are able to use this law to calculate the length of the cord given the
weight of the individual, so that the cord is not to long that it will stretch to far to reach the bottom before it springs backup. This is truly an important law to
ensure that you don’t over stretch or over stress the limits of the cord. Calculating the limits of force that is applied to an object and the strain it will put on an
object is truly what Hooke’s law is intended for.