Illinois v. Gates Supreme Court Case, Arguments, Impact

Illinois v. Gates (1983) dealt with the admissibility of evidence, particularly anonymous tips to the police. The Supreme Court applied the totality of the circumstances test instead of a rigid two-pronged test developed under previous decisions. Fast Facts: Illinois v. Gates Case Argued: October 13, 1982, March 1, 1983Decision Issued: June 8, 1983  Petitioner: State of IllinoisRespondent: Lance Gates et ux.Key Questions: Did the use by the Bloomingdale Illinois police department of anonymous letters and a police affidavit as probable cause to conduct a warrant-less search of the home and car of Lance Gates and his wife violate their Fourth and Fourteenth Amendment rights?Majority Decision: Justices Burger, White, Blackmun, Powell, Rehnquist, and OConnorDissenting: Justices Brennan, Marshall, and StevensRuling: Although previous cases had established the requirements of a two-pronged approach, the majority found for Illinois, stating that the totality—combined letter and police work producing an affidavit—could be used as probable cause.   Facts of the Case On May 3, 1978 detectives at the Police Department of Bloomingdale, Illinois received an anonymous letter. The letter alleged that  Lance and Susan Gates  were engaged in an illegal drug smuggling operation. According to the letter: Ms. Lance would leave her home in Illinois on May 3 and drive to Florida.Once in Florida, her car would be loaded with drugs.Ms. Lance would fly back to IllinoisMr. Lance would fly from Illinois to Florida a few days later and drive the car and drugs back home. The letter also alleged that Lances basement had over $100,000 in drugs. Police began to investigate the matter immediately. A detective confirmed the car registration and address of the couple. The detective also confirmed that Lance Gates had booked a flight from OHare airport in Illinois to West Palm Beach, Florida on May 5. Further surveillance from the Drug Enforcement Agency on and after May 5 revealed that Lance Gates got on the flight, got off the flight in Florida, and took a taxi to a hotel room registered in his wifes name. The couple left the hotel in a car registered to them and drove north-bound on a route towards Chicago. The detective from the Bloomingdale Police Department submitted an affidavit, notifying a judge of his observations, and attached the anonymous letter to it. A circuit court judge reviewed those documents and issued a search warrant for the Gates home and car. The police were waiting at the Gates home when they returned from Florida. Officers found 350 pounds of marijuana in the car, as well as weapons and other contraband in their home. The circuit court ruled that the affidavit and anonymous letter were insufficient to establish probable cause for police to search the car and home. The Illinois Appellate Court affirmed that decision. The Illinois Supreme Court bench was divided on the issue and the U.S. Supreme Court granted certiorari to settle the question. Constitutional Question Did the police violate the Gates Fourth and Fourteenth Amendment rights when searching their home and car? Should the court have issued a search warrant based on the anonymous letter and police observations? Arguments The arguments focused on whether or not the credibility and basis of knowledge for the anonymous letter could be established. Attorneys for the Gates argued that the anonymous letter could not be used to show probable cause because it was anonymous. The author could never be shown to be reliable, one of the key standards for a two-part test for probable cause. Attorneys arguing against the suppression of the letter maintained the opposite. The detectives affidavit in addition to the anonymous letter provided sufficient grounds for a search of the Gates home and car. The search warrant had not been improperly issued and the evidence should not be suppressed. Majority Decision In a 7 to 3 decision delivered by Justice William Rehnquist, the Supreme Court ruled that the anonymous letter and affidavit could be used to establish probable cause to issue a search warrant. The Gates constitutional rights had not been violated. The Court argued that its rulings in two previous cases, Aguilar v. Texas and Spinelli v. United States, has been misapplied. Lower courts had rigidly applied a two-pronged test from those rulings in order to assess probable cause. The test required the court to know: the veracity or reliability of the informant.the informants basis of knowledge The anonymous tip that police had received about the Gates home failed to provide that information. According to the majority opinion, a totality of the circumstances approach would better help determine when there is probable cause to issue a warrant on the basis of an anonymous tip. Justice Rehnquist wrote: [P]robable cause is a fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even usefully, reduced to a neat set of legal rules. Veracity, reliability, and basis of knowledge should be considerations for the court, rather than rigid guidelines. The totality of the circumstances approach, according to the majority opinion, allowed magistrates to use common sense when making probable cause determinations, rather than asking them to follow rigid guidelines that might not fit the case in front of them. In applying the totality of the circumstances test, the court found that the anonymous tip and affidavit established probable cause for a search warrant. There was a fair probability that the writer of the anonymous letter received the information from the Lance or Susan Gates or someone they trusted, according to the majority opinion. Dissenting Opinion In two separate dissenting opinions, Justices William J. Brennan, John Marshall, and John Paul Stevens argued that the totality of the circumstances approach should not be used in place of the two-prong tests in Aguilar and Spinelli. Veracity and basis of knowledge should remain the two required factors for issuing a finding of probable cause. If some of the informants claims could be proved false, the anonymous tip would fail to provide a basis of knowledge for the court. In the Gates case, detectives had no way of proving when Susan left Illinois. She also failed to take a plane from Florida to Illinois as the anonymous tip had suggested. As a result, the judge should not have determined there was probable cause to search the Gates home and car. Impact The court extended the totality of the circumstances approach to anonymous tips corroborated by police statements. Instead of solely focusing on veracity and basis of knowledge to make probable cause determinations, magistrates issuing warrants could take other common sense factors into account. This loosened restraints on courts in terms of issuing search warrants. Source Illinois v. Gates, 462 U.S. 213 (1983).

The Debate Over The Internet - 886 Words

The Internet in the year 2009. We send e-mails, make calls over the internet and discuss topics we take an interest in. Even our banking is going virtual. But what we take for granted today was only a vague idea fifty years ago. In order to understand how we got this far Let’s go back to 1957, when everything began. Before 1957 computers only worked on one task at a time. This is called batch processing. Of course, this was quite ineffective. With computers getting bigger and bigger they had to be stored in special cooled rooms. But then the developers couldn t work directly on the computers anymore – specialists had to be called in to connect them. Programming at that time meant a lot of manual work and the indirect connection to the computers led to a lot of bugs, wasting time and fraying the developers ´ nerves. The year 1957 marked a big change. A remote connection had to be installed so the developers could work directly on the computers. At the same time the idea of time-sharing came up. This is the first concept in computer technology to share the processing power of one computer with multiple users. On October 4th 1957, during the Cold War The first unmanned satellite, Sputnik 1, was sent into orbit by the Soviet Union. The fear of a Missile Gap emerged. In order to secure America s lead in technology, the US founded the Defense Advanced Research Project Agency in February 1958. At that time, knowledge was only transferred by people. The DARPA planned aShow MoreRelatedEssay on The Debate Over Internet Censorship1547 Words   |  7 PagesThe Debate Over Internet Censorship Many people believe the Internet has become the World’s Emancipation Proclamation. They believe that this newfound cyber-freedom will free countless generations of people. These people will be of every race, creed and color, whose lives, up until now, have been restrained by the paradigm of governments. 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Data Protection Measures †Myassignmenthelp.com

Question: Discuss about the Data Protection Measures ? Answer: This study deals with the case study on Sarbanes Oxley International. Data protection management provides backup to the files to ensure that the task are safe and the data is easily recoverable in the future (Sim-Tang et al. 2013). It is necessary to have effective data protection management as it will help in effective processing as well as methodologies to secure the data with utmost integrity. The modern practices on data management help in storing the services with proper back up so as to enable less of troubleshooting. This is a tool that helps in providing visibility to issues that is not possible with only backup application. This company has to undergone various criticism related to posing additional regulation that leads to lack of competitiveness with countries like USA. SOX manage with the financial statements so ensure quality assessment by the Board of Directors. Limitation is faced in order to protect the data as there is vast amount of data generated on a daily basis (Chen Zhao, 2012). The company fails to store in an automated manner that leads to loss of files in the future run. It is important to practice data protection management so that important files are saved and backup are there for future reference. Data protection is necessary in an organization in the recent world. It is known that data are mostly recorded electronically so organization should engage in installing software that will help them to manage with records in an effective manner. Reference List Sim-Tang, S. Y., Fraisl, D. J., Hoeber, A. N. (2013).U.S. Patent No. 8,544,023. Washington, DC: U.S. Patent and Trademark Office. Chen, D., Zhao, H. (2012, March). Data security and privacy protection issues in cloud computing. InComputer Science and Electronics Engineering (ICCSEE), 2012 International Conference on(Vol. 1, pp. 647-651). IEEE.

Bulling In Us Elementary Schools free essay sample

The research that has been carried on bullying internationally and in the United States focusing on elementary schools shows that bullying and victimization is most common in elementary school and becomes progressively less common by the end of high school with rates of bullied students decreasing from 14% of American 6th graders to only 2% of the 12th graders (Prinstein and Dodge, 2008) Victimization is in most cases found in schools but bullying in elementary school is likely to continue at the later age. A consistent growing empirical literature shows that adults bully adults in the workplace in the United States and other countries. (Prinstein and Dodge, 2008). With this findings in mind, there is need to enhance reporting of bully cases in schools so as to minimize the vice. According to Webb and Terr in 2007 shows that bullying affects nearly one in three American school children in grades six through ten and merely sixteen percent of them report to have been bullied. We will write a custom essay sample on Bulling In Us Elementary Schools or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Expected outcomes (Measurable Objectives) A positive relationship between having been bullied in school and being bullied in the adult workplace is evident since those who had been both bullies and victims of bullies in school were even more likely to be bullied as adults at work. Secondly, comparison on sex differences is expected to be the frequency of being bullies, victims, and bully-victims in elementary schools. American male students are more found to bully and are bullied more than female students in elementary schools. Males may consistently have been bullied more than females in many national American studies. As Prinstein and Dodge, 2008 found, American male students bullied more than female students, but were equally victimized. They reported that in their pick of a random sample, American 6th graders, boys were over three times more likely to be classified as bully-victims than were girls, and American middle school and high school students, males were six times more likely to be bully-victims than were female students. Prevalence Direct bullying is a form of physical or verbal attacks, and indirect bullying, or relational/social bullying in the form of deliberate social exclusion or isolation. There are more verbal bullying form elementary school boys and girls than physical bullying, and that physical bullying is more common among boys than girls. Verbal bullying is expected to be more common in both American boys and girls, and American boys may do more physical bullying than girls. Girls engage in more indirect or social bullying than boys, so gender differences is a determinant on the types of bullying used by bullies and experienced by victims in school at various levels, (Prinstein and Dodge, 2008). Analysis of Results Measurements of outcomes Data collection is important for continuous assessment of school crime and violence to give out better and more reliable solutions. A rather robust data collection system is important for educators, community officials, and policy makers at the local, state, and Federal levels to assess and implement school policies for safety. The best data mining and analysis procedure to be utilized here ought to incorporate demographics on students and also adults as participants and collection of their responses filled in questioners. A retrospective study need to be conducted on working adults to investigate whether they had been bullied in school and whether they were being bullied at their jobs. A reliable computer software program or application tool such as the Statistical Package for the Social Services (SPSS) or Excel will be used to analyze this data to come up with charts and graphs to give the clear picture on influences to bulling and current trends and effects. Finding data from the of students who skip school or practice truancy and finding correlation with gathered data on bulling is a key point to be utilized. The correlations also need to be done with respect to age and gender. Solution Strategy Problem Statement The problem is that bulling at school is on the increase with only a small number out speaking about it. Discussion In line with the undertaken surveys by Prinstein and Dodge in 2008, seven percent of students ages 12-18 were reported to be bullied at school during the previous six months. Therefore bullying behavior is most prevalent in the middle grades but as students get older, the prevalence declines so only a small number are bullied. Solution strategy Educators, parents, students, and community members need to find ways to curtail and prevent bulling behaviors from happening because of the growing evidence that leads not only to short and long term consequences for the victim and the offender, but also diminishes the moral climate of the school and its learning environment. The consequences or effects of bulling are equally felt by persons who do not engage in bullying-type behaviors. So these behaviors are far reaching and students who are bullied are at higher risk for truancy and subsequently dropping out of school. Bullied students are likely to skip school entirely or miss out on extra-curricular activities, have little self-esteem, feel isolated, experience depression and are less likely to report good grades. Offenders in bullying incidents are also more likely to engage in crime as adults, have poorer grades or test scores, and may be good abusers of tobacco and alcohol. They are also more prone to carry a weapon to school for protection and engage in physical fights. Description of Selected Solutions/Calendar Plan The initiatives to be pursued to address the issue may include but not limited to first of all coordination. By solicit of funds and use of grants, effective drug and violence prevention programs can be implemented, secondly is through interagency campaigns to stop bullying and increase awareness about the problem of bullying among teens. Teaching young people that they can and should do everything possible to stop bullying is the key goal. The websites, television and radio public service announcements are some vital points these campaigns ought to focus considering that this are issues concerning people who are highly conversant with technology. Programs should avail access for information on bullying prevention and activities that can be implemented at school or community level. Conclusion Bullying is an act that erodes the schooling climate, impairs teaching and learning, and is hurtful to individuals, very often leading to short-term and long-term consequences, including suicide and homicide. As such, we must aggressively attack the problem. Education cannot take place in an environment of fear. All students deserve safe learning environment without being afraid of going to school because of the way they will be treated while there. It would be very unwise to depend on the government to do everything, but if everyone is committed to the issue and does what they can then there would be a decline or even demise of the offense and schools will be safe for everyone References: Webb N and Terr L, (2007), Play Therapy with Children in Crisis: Individual, Group, and Family Treatment. Guilford Press publishers, P. 251 Prinstein M and Dodge K, (2008), Understanding Peer Influence in Children and Adolescents. Guilford Press publishers, P. 239

Proof of U.S. Citizenship Documents

Proof of U.S. Citizenship Documents Proof of U.S. citizenship must be established when dealing with all levels of U.S. government. Documents proving citizenship must be provided when applying for Social Security benefits and when applying for a U.S. passport. Increasingly, states are requiring proof of citizenship when applying for â€Å"enhanced† drivers licenses as required by the federal Real ID Act. Documents Serving as Primary Evidence of U.S. Citizenship In most cases, documents serving as â€Å"primary† proof or evidence of citizenship are required. Documents serving as primary evidence of U.S. citizenship are: Birth Certificate or certified copy of Birth Certificate issued by a U.S. State or by the U.S. Department of State (for persons born abroad to U.S. citizen parents who registered the child’s birth and U.S. citizenship with the U.S. Embassy or consulate);U.S. Passport, issued by the U.S. Department of State;Certificate of Citizenship issued to a person born outside the United States who derived or acquired U.S. citizenship through a U.S. citizen parent; or Naturalization Certificate issued to a person who became a U.S. citizen after 18 years of age through the naturalization process. The Consular Report of Birth Abroad or Certification of Birth should be obtained by persons who were born abroad to U.S. citizens. If you cannot present primary evidence of U.S. citizenship, you may be able to substitute secondary evidence of U.S. citizenship, as described by the U.S. Department of State. Secondary Evidence of U.S. Citizenship Persons who cannot present primary evidence of U.S. citizenship may submit secondary evidence of U.S. citizenship. Acceptable forms of proof of secondary evidence of U.S. citizenship depend on the appropriate situations as described below. Early Public Records Persons born in the United States but unable to present primary evidence of U.S. citizenship may submit a combination of early public records as evidence of your U.S. citizenship. Early public records must be submitted with a Letter of No Record. Early public records should show name, date of birth, place of birth, and preferably be created within the first five years of the person’s life. Examples of early public records are: Baptismal certificateHospital birth certificateCensus recordEarly school recordFamily Bible recordDoctors record of post-natal care Early Public Records are not acceptable when presented alone. Delayed Birth Certificate Persons born in the United States but unable to present primary evidence of U.S. citizenship because their U.S. Birth Certificate was not filed within the first year after their birth may submit a Delayed U.S. Birth Certificate. A Delayed U.S. Birth Certificate filed more than one year after your birth may be acceptable if: It lists the documentation used to create it (preferably early public records, andIt is signed by the birth attendant or lists an affidavit signed by the parents. If the Delayed U.S. Birth Certificate does not include these items, it should be submitted together with Early Public Records. Letter of No Record Persons born in the United States but unable to present primary evidence of U.S. citizenship because they do not have a previous U.S. passport or a certified U.S. birth certificate of any kind must present a state-issued Letter of No Record showing: Name,Date of birth,The years for which a birth record was searched, andAcknowledgment that no birth certificate was found on file. A Letter of No Record must be submitted together with Early Public Records. Form DS-10: Birth Affidavit Persons born in the United States but unable to present primary evidence of U.S. citizenship, you may submit Form DS-10: Birth Affidavit as evidence of your U.S. citizenship. The birth affidavit: Must be notarized,Must be submitted in person,Must be submitted together with early public records,Must be completed by an affiant who has personal knowledge of birth in the U.S.,Must state briefly how the affiants knowledge was acquired, andShould be completed by an older blood relative. NOTE: If no older blood relative is available, it may be completed by the attending physician or any other person who has personal knowledge of the persons birth. Foreign Birth Documents and Parent(s) Citizenship Evidence Persons who claim citizenship through birth abroad to U.S. citizen parent(s), but are unable to submit a Consular Report of Birth Abroad or Certification of Birth must submit all of the following: Foreign birth certificate (translated into English),Evidence of citizenship of the persons  U.S. citizen parent,Parents marriage certificate, andA statement of the person’s U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before their birth. Notes See Documentation of U.S. Citizens Born Abroad for additional information.For information on foreign-born children adopted by U.S. citizens, see the Child Citizenship Act of 2000.Foreign language documents should be accompanied by an informal or formal English translation. Unacceptable Documents The following will not be accepted as secondary evidence of U.S. citizenship: Voter registration cardArmy discharge paperSocial Security Card

What can we learn about the structure of the traditional indian Essay

What can we learn about the structure of the traditional indian society from the Ramayana story - Essay Example For instance, respect for teachers and elders are an important traditional value amongst the Indian families. A sage is about to arrive at the palace of King Dasharatha, and this incident reflects something profound about the Indian society. R. K. Narayan writes, â€Å"On a certain afternoon, messengers at the gate came running to announce â€Å"Sage Vishwamitra.† When the message was relayed to the King, he got up and hurried forward to receive the visitor.† (7) A King going all the way to receive a sage. Seems incredible, but that was the value system and even today sages command immense reverence. What it is to be an ideal human being and what is an ideal society? One will not be able to find a better work than Ramayana to find the treasure-house of values. Those are not mere ideals for practicing sitting on the ivory tower! Every value described and defended in the Ramayana stands the test of practicability. That which is not practical, can not be noble or spiritual either. An individual has to play different roles in different stages of one’s life. Donning the human body, Lord Ram has shown to the humanity how to live the divine life. His reign on this Planet Earth has been hailed as Ram Rajya, which means the ideal policy that the human beings can aspire for. The impressionable minds of the youngsters need to be given the correct values. The Sages are embodiments of truth and love. No extraneous considerations are taken into account, and the question of defending Dharma assumes supreme priority, and all other overriding factors are side-tracked. The slaying of demon Thataka illustrates the correct style of imparting the right values to Ram when SageViswamitra was on his way to his hermitage in the thick forest. The demon used to harass the sages performing sacred rituals and plunder the forest wealth. When Vishwamitra orders Rama to slay her, Rama hesitates for a while, whether it is proper to slay a woman! Women

Employee relations Essay Example | Topics and Well Written Essays - 3000 words - 1

Employee relations - Essay Example However, Third World countries are not able to implement this law effectively and child labor is heavily prevalent in such countries. The United Kingdom has set a proper regulatory system for employee-employer relations and aims to ensure that both sides receive their fair share. It is alleged at times that employees receive a greater amount of leniency and have more say than the employer has in the maintenance of this relationship. However, employees in the UK also have issues regarding the minimum wage, pension plans, and health benefits included in their pay (Lewis, pg. 114-184, 2003). Mainly, developed countries such as the UK, Australia, USA, and Canada have regulatory systems, which aim to moderate the relationship between employees and employers. Laws govern the contracts upheld by both parties and the clauses are testable by law. Hence, if one party fails to acknowledge or fulfill a clause mentioned in the contract, that party is liable to punishment by law. However, not all countries have a regulatory system. Most Third World Countries have neither a minimum wage nor an obligation to provide employees with any other benefits. Discrimination and unnecessary redundancy is strongly prevalent in such countries. No system exists to assist labor properly in standing up for their rights. Cheap labor is readily available in less developed countries and developed countries often end up exploiting this situation. Since their own countries have a strong system-regulating employee and employer relationship, they avail cheaper labor without any hassles in less developed countries (Lewis, pg 189, 2009). However, the international system and regulatory power for employee-employer relations details issues such as age requirements for work, health benefit plans, job security, minimum wage, and retirement plans. There are several agencies working to aim to secure such benefits for employees all over the world (Hollingshead, pg 24-32, 2010). Trade unions and worker assoc iations also do not have full acknowledgement and recognition under the laws of many countries. Hence, workers are unable to negotiate terms and conditions with their companies on a large scale or engage in â€Å"collective bargaining†. Mainly, in Third World countries, the blue-collared workers or labor classes lack education and awareness of their rights. These people also lack opportunities and hence are exploited by their employers by being offered low wages and practically no-benefits (Rose, pg 156-230, 2004). White-collar workers or skilled labor is more informed regarding international law; hence, usually such workers do engage in proper contracts and receive competitive salaries, according to their qualifications. They also receive benefits, health insurance, and retirement plans. Most Third World countries also implement international law upon their own government employees. Government employees enjoy proper employee benefits and adequate pays with pay raises wheneve r adequate. They get the treatment according to international standards of employee-employer relations (Lewis, pg 89-105, 2003). However, only one side of the story should not be accounted for as employees also have an obligation to fulfill their duties during the period of employment. International law states that employees may receive termination if they fail to perform all their duties. Hence, it is mandatory for employees to avoid over emphasizing their powers. In