Thursday, February 20, 2020
Why is a 'Frisk' Considered a Search and an 'Arrest' Considered a Coursework
Why is a 'Frisk' Considered a Search and an 'Arrest' Considered a Seizure - Coursework Example This is within the definition of a search which means the ââ¬Å"examination of a person, place or vehicle for contraband or evidence of a crimeâ⬠(Harr, Hess, and Orthmann 195-6). When a police officer pats-down a detained person in search for possible dangerous or illegal possessions, obviously, the detainee is just being searched. The person is not being taken into long-term custody --- or at least not yet. It could be a preliminary for an arrest, but as it is, the act of ââ¬Å"friskâ⬠is not a seizure. On the other hand, an arrest is is very much different from a mere frisk. First, an arrest requires the Miranda warning. This is because the detainee will undergo ââ¬Å"maximum interferenceâ⬠(Harr, Hess, and Orthmann 232) that might seriously put at risk his freedom and privacy. A seizure is defined as ââ¬Å"the taking by law enforcement or other government agent of contraband, evidence of a crime or even a person into custodyâ⬠(Harr, Hess, and Orthmann 195 -6). ... Therefore, ââ¬Å"all searches must be limited in scopeâ⬠(Harr, Hess, and Orthmann 272). Provide your own definition of reasonable. => Several factors are at play when it comes to defining what is reasonable. The biggest factor to consider is that ââ¬Å"reasonableâ⬠is something that is objective rather than merely subjective to a personal viewpoint. To view ââ¬Å"reasonableâ⬠as subjective would not only create a chaotic definition, but would also provoke several infringements on the basic rights of an individual. Generally speaking, something that is reasonable should fall under two basic concepts: 1) meeting of fundamental constitutional rules, and; 2) fitting within permissible realms (Harr, Hess, and Orthmann 271). Obviously, anything that is deemed reasonable will be accepted in courts. Therefore, since the courts look at evidences based on ââ¬Å"specific and articulable factsâ⬠and the ââ¬Å"totality of the circumstancesâ⬠(Harr, Hess, and Orthman n 282), what is considered ââ¬Å"reasonableâ⬠should also fall under these definitions. The police officer must also consider his or her ââ¬Å"training and experienceâ⬠(Harr, Hess, and Orthmann 284) as factors that could help define what is reasonable for a specific situation. Discuss the advantages to obtaining a warrant. => One of the biggest advantages of obtaining a warrant is it ââ¬Å"provides a presumption of reasonablenessâ⬠(Harr, Hess, and Orthmann 272). Furthermore, since there is an ââ¬Å"assumption that people have the right to be free from unreasonable searches and seizures,â⬠obtaining a warrant frees the law enforcement officer from the burden of articulating probable cause in a warrantless
Tuesday, February 4, 2020
Personal project and Scoop management plan for my personal project Assignment
Personal project and Scoop management plan for my personal project - Assignment Example I would like to urge the management of the company to consider investing in Dream Chaserâ⠢ Vehicle. It is a new project that if adequately supported, will make the company to go a step further. I propose that a lot of funds should be allocated so as to enable me and my team to conduct a thorough research so as to ensure that the new brand of vehicle will be the best one in the market. If it is equipped with all the necessary features, it will become so comfortable to the users. For this reason, they will do all that they can to purchase it. By this, the company will not only rebuild its reputation, but increase its revenues. This demonstrates that even if the project has been created by me, it will not succeed if not supported by others. In order for the Dream Chaserâ⠢ Vehicle project to be a success, well-thought feasible and manageable plan need to implement. This plan will include strategies that can enable the project to achieve its objectives. First, I would like to suggest that the project should be executed by a team of professionals. In order to cope up with the stiff competition in this field, Sierra Nevada Corporation needs to come up with novel ideas. Meaning, it should incorporate the input of well trained professionals to carry out all the activities. The other strategy to be adopted is the production of high quality products. As already hinted, the auto industry has become so competitive. So, for the company to succeed in this project, it needs to manufacture exceptionally high quality vehicle that will appeal to the target clients and win their confidence. Besides, producing high quality vehicles will help in making the company to stand as outstanding manufacturer in the midst of others. Lastly, I would like to suggest that the project should be given enough time, finances and resources. As a new product, the company should be ready to incur all the expenses it requires. Apart from allocating
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