Saturday, January 25, 2020

United States vs Antoine Jones Supreme Court Essay

United States vs Antoine Jones Supreme Court Essay On November 18, 2011, charges was bought against Antoine Jones for possession of drug trafficking. The case was the Supreme Court of the United States, No. 10-1259, Citation 565 U.S 132 s. Ct. 945, 181 L. Ed 2d 911; United States, petitioner v. Antoine Jones. All 9 parties of the Supreme Court were present for the trail as well as the plaintiffs which were the law enforcements along with Deputy Michael R. Dreeben and the defendant Antoine Jones. Each party hand a chance to deliberate their opinions and stating their case against Antoine Jones. This case was not only bought into court just for Mr. Joness cocaine distribution but for authorities violating Antoine Jones Fourth Amendment rights by planting a GPS device on Joness vehicle without his consent. The law requires that a warrant must be obtained before law enforcements can attach anything to an individuals private property with consent. Authorities did not have a warrant to affix a GPS device to Antoine Joness vehicle nor did t hey obtain Joness permission. Antoine Jones was a proprietor of a club when authorities put him under surveillance because they suspect that Jones was distributing cocaine. Through various investigations, law enforcement was given a warrant to implant a tracking device on Joness vehicle. The vehicle belongs to Joness wife; however he was listed as a driver. Authorities were given 10 days from the date the warrant was received to plant the device on the vehicle in the District of Columbia. However, law enforcement decided to attach the device on the 11th day in Maryland which was out of the warrant grace period as well as in another district. Experts fixated the device on the base of the vehicle while it was parked in Joness opened garage to track its movement.[1] The vehicle was followed up to 100ft allowing authorities to generate multiple data for a period of 28 days. Law enforcement were able to gain enough evidence to obtain an arraignment against Antoine Jones for possession of drug trafficking. The controversy in this case is that Joness Fourth Amendment right was violated because a GPS tracking device was installed on his wife vehicle without their permission or consent. It was also the fact that weather or not the evidence that was retrieved when law enforcement illegally attached a tracking device to the vehicle could be used to convict Jones on drug charges who was sentence to life in prison. According to the Fourth Amendment citizens have the right to be secure in their houses, papers and effects against an reasonable searches and seizures shall not be violated an no warrants shall be issue, but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and person or thing to be seized.[2] The United States district court for the District of Columbia is where the case first started. From there it went to the District of Columbia Court of Appeals. After being trialed in the District of Columbia court of Appeals, in August of 2010 it went to the United States Supreme Court. The District of Columbia had original jurisdiction in the case and first trailed Jones in 2006 where the jury returned with a guilty verdict on one count of conspiracy to distribute and possession with the intent to distribute 5 or more kg of cocaine and 50 more grams of cocaine base. The Court of Appeals for the District of Columbia ruled out Joness conviction because the data that was transmitted from the device that was implanted on Joness vehicle was not submersible in court due to the protection of the Fourth Amendment rights. The Supreme Court of the United States proceeded with the case in 2011 where a verdict was received in January 2012. The Supreme Court voted unanimously and the judge expelled the case and ruled the case as a violation of the Fourth Amendment. Authorities broke the law by trespassing on private property and planting a tracking device without a valet warrant or consent. On January 23, 2012 the Supreme Court held that the Governments installation of a GPS device on a person vehicle and its use of that device to monitor the vehicles movement constitute a search under the Fourth Amendment.[3] The majority argued that putting a GPS device on private property would be considered trespassing on private property and that it constitutes Joness Fourth Amendment rights. The minority argued that the Fourth amendment was not violated in that particular situation because Jones was under suspicion of drug trafficking and they had the right to install a GPS device on Joness vehicle. They argue the fourth Amendment can be breached under certain circumstances and situations. The minority concurred in the judgment bu t criticized the framing of the question in terms of trespass to property and believed that such a construction of the problem strained the language of the Fourth Amendment and that it would be better to analyze the case by determining whether the Government violated Jones reasonable expectations of privacy.[4] The Supreme Court decision was reach by analyzing and researching the Fourth Amendment and basing their findings on the fact that authorities should not rely on technology and should not neglect the citizens of the United States rights of the Fourth Amendment when its concerning the use of a warrant and trespassing. These findings was also based on the property base analysis and the cases of Katz v. U.S and that the Government key tracking cases, U.S. v. Knotts as well as U.S. v. Karo. Those analysis states that it does not foreclose the more expansive reasonable expectation for privacy and the Governments key tracking cases were inapplicable and thus not controlling.[5] The rulings of the court may have effect on some Americans because some may agree that even without a tracking device law enforcements can still follow you and put you under surveillance without you knowing. The recognition the Supreme Court display for this case has secured each citizen by protecting the Fourth Amendment. It has allowed authorities to understand and recognize that they cannot get around the Constitutions Fourth Amendment by using technology to search an individuals property without a proper warrant. The Courts resolution emphasized the importance of the verifiable purpose and objective of the Fourth Amendment rights. It has prompted society that the privacy law was fused into the Constitution of the United States to secure the citizens against government trespasses against law enforcement or others and their private property. I believe that the rulings did not affect the interpretation and enforcement of any particular law. References Brittany Boatman, United States v. Jones: The Foolish revival of the Trespass Doctrine in Addressing GPS Technology and the Fourth Amendment, http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2292context=vulr (last visited May 20, 2017). https://www.constituteproject.org/constitution/United_States_of_America_1992 (last visited Mar 20, 2017). United States v. Jones (2012) https://en.wikipedia.org/w/indes.php?title=Uniteds_States_Jones(2012)oldid=770405758 (last visited mar. 20, 2017) United States v. Jones, Oyez, https://www.oyez.org/cases/2011/10-1259 (last visited Mar 20, 2017). United States v. Jones Concerning Warrantless GPS installation and Tracking Under the Fourth Amendment, United States v. Jones Concerning Warrantless GPS installation and Tracking Under the Fourth Amendment, http://epic.org/amicus/jones/ (last visited Mar 20, 2017). [1] Brittany Boatman, United States v. Jones: The Foolish revival of the Trespass Doctrine in Addressing GPS Technology and the Fourth Amendment, http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2292context=vulr (last visited May 20, 2017). [2] https://www.constituteproject.org/constitution/United_States_of_America_1992 (last visited Mar 20, 2017). [3] United States v. Jones (2012) https://en.wikipedia.org/w/indes.php?title=Uniteds_States_Jones(2012)oldid=770405758 (last visited mar. 20, 2017) [4] United States v. Jones, Oyez, https://www.oyez.org/cases/2011/10-1259 (last visited Mar 20, 2017). [5] United States v. Jones Concerning Warrantless GPS installation and Tracking Under the Fourth Amendment, United States v. Jones Concerning Warrantless GPS installation and Tracking Under the Fourth Amendment, http://epic.org/amicus/jones/ (last visited Mar 20, 2017).

Friday, January 17, 2020

Kate Chopin’s Life in Writing

The life of Kate Chopin was an interesting tale of struggle and perseverance in an area of the country where things were quite difficult. Growing up around the turn of the twentieth century, Chopin had to put up with a difficult life in addition to the usual challenges that went along with being a woman at the time. Unlike in today’s time, women did not have many rights, nor did they have many opportunities when Chopin was growing up. As with the majority of great writers during that time, life experiences were important.Not only did Chopin draw from her experiences to come up with story ideas and character ideas, but she took some very specific instances to create stories. Though all of her works had some elements of this held within, there are two works that specifically highlight some of her more difficult life experiences and speak to the overall struggle of women during her time. In her works, Desiree’s Baby and The Story of an Hour, readers get to not only read a great story, but also understand how one woman’s struggle to overcome can impact the way that she writes.In order to understand the references in her work, a person has to understand exactly what she went to during various portions of her life. The one overriding theme in her life was loss. As evidenced by a article on Kate Chopin from A Dictionary of Louisiana Biography, the woman had trouble keeping a man around in her life. This does not mean that she was divorced or had men leave her, either. Instead, almost every meaningful man in her life died in a difficult fashion.Her father was one of the leading railroad men around the turn of the century and he lost his life on the rail when one of his tracks collapsed. Kate Chopin was only five years old at the time, so she had to live the majority of her life without a father figure. The bad luck did not stop there for Chopin, either. Her half-brother passed away from a rare case of swamp fever when she was young, as well.When Ch opin married a few years later at the age of 20, she had married a man who she thought would take the place of her brother and her father. He did her no favor by racking up a huge amount of debt and subsequently passing away from swamp fever, as well. Those things alone were enough to nearly drive her over the edge and created a really difficult life that was much harder than what most of her contemporaries had to go through. In a way, this set her up as a strong woman and prepared her to take on many of the challenges that faced women of her era, though. It is from this struggle that Chopin’s great works arose.Another aspect of Kate Chopin’s life that must be taken into account is the racism and inequality that she had to face. She was of Creole origin, which was one of the factions of society that was looked down upon by everyone else around them. In Desiree’s Baby, these themes of racism are presented quickly and succinctly. In the story, things change dramat ically when it is realized that her baby, and subsequently Desiree, are not actually white. The more telling thing is what follows in the book. It is telling that she tries frantically to convince her husband that she is white.This is the most important thing to her. In the work, Chopin writes, â€Å"A quick conception of all that this accusation meant for her nerved her with unwonted courage to deny it. â€Å"It is a lie; it is not true, I am white! Look at my hair, it is brown; and my eyes are gray, Armand, you know they are gray. And my skin is fair,† seizing his wrist. â€Å"Look at my hand, whiter than yours, Armand,† she laughed hysterically† (Chopin, p.2).Though this is not exactly how Chopin’s life went down, she does draw from her experiences. In addition to the idea of racism, one can view the desperation to keep a man around as a commentary on her life. Chopin lost many of the men in her life for various reasons and that can be seen in Desireeà ¢â‚¬â„¢s story. Not only is she distraught about the realization that she and her baby are not white, but she also worries that her man will leave her because of it. This is the most important thing for her character, so this might be an indication of what Chopin finds important.Though the reference to her life can be seen in that story, it can be seen even greater in another one of her stories. The Story of an Hour is the most telling story that shows how much the author was impacted by the experiences of her life. Interestingly, the reader gets an indication in the first sentence of what the author is thinking. In that sentence, she writes, â€Å"Knowing that Mrs. Mallard was afflicted with a heart trouble, great care was taken to break to her as gently as possible the news of her husband's death† (Chopin).Not only does her own experience of losing her husband play a role in shaping the story, but the pain of losing him also plays a role. She has been there in that situatio n, so she knows all too well that losing a husband is one of the most difficult things a person can go through. Though it is not exactly clear who the author is talking about in much of the story, there are times when it appears that she is representing herself in many of the lines.At one point, Chopin writes of the struggle when she writes, â€Å"She was young, with a fair, calm face, whose lines bespoke repression and even a certain strength. But now there was a dull stare in her eyes, whose gaze was fixed away off yonder on one of those patches of blue sky. It was not a glance of reflection, but rather indicated a suspension of intelligent thought† (Chopin). From this, the reader can come away with some sense of what Chopin may have been going through with her experiences in her life. From the words, the struggle seems to be too much to overcome.Overall, the two stories present different struggles, which is something that really shows how much she had to go through in her life. Most people would consider losing three men as big a challenge as any person should ever have to face. That was obviously not the case for Chopin, though. Her experiences shaped who she became in a number of different ways, including her struggles with female equality.During her time, being a successful writer was not a given for a woman, even if that woman had all of the talent and resources to succeed in the business. While she was having to put up with all of the problems of her life, she also had to try to put up a fight against the people who refused to take her seriously. Her entire career was a struggle to balance the emotions that she had to face. She had to feel pain for what was going on with her husband, her father, and her brother, but she could not readily show that. It was a very brave move including her life experiences in her works because that was not exactly an accepted tactic. By doing that, she opened up herself to lots of criticism, but it was something th at made her a memorable writer.Overall, much of Kate Chopin’s life can be seen through her works. If a person takes the time to sit down and study her life, then they would see that she had to face a lot. From facing that adversity, she became strong enough to overcome some of the racism and the discrimination that plagued other writers during her time. She allows herself to show some emotion and to be a human, but she never lets her guard down so much that people can take advantage of her. That strength is reflected in her work and it’s the thing that makes them so interesting.Works CitedChopin, Kate. The Story of an Hour. 1894.Chopin, Kate. Desiree’s Baby. 1893.â€Å"Kate O'Flaherty Chopin†, A Dictionary of Louisiana Biography, Vol. I (1988), p. 176

Thursday, January 9, 2020

Case Study Edu 520 - 775 Words

Case Study – Assignment # 1 Search of Student Involving Protruding Object. Chapter 3 – p. 99 Jim Robinson is a tenth-grade teacher. While walking down the hall, he spotted a suspicious object protruding from a student’s pocket. He asked the student to empty his pocket but the student refused. Discussions questions: 1. Does the teacher have grounds to make such a request? No, he does not. The teacher has grounds to inform immediately to the school officials about the situation that he has observed. In this scope, the teacher’s information constitutes a reasonable suspicion, which is reliable by school officials. 2. Does the student have the right to refuse to obey the teacher’s request? I believe that since students enjoy†¦show more content†¦Corporal Punishment over Student’s Objection - Chapter 3, p. 100 Carl Palmer, principal of Carbondale Middle School, became very upset with Walter Johnson for being disrespectful to several of his teachers. Palmer explained to Walter that because of his actions, he, Palmer, must administer corporal punishment based on school policy. As the principal proceeded to get his instrument to administer the punishment, Walter told him that Palmer was not going to hit him with anything. Other students, faculty, and staff in the outer office heard him say this. Discussions Questions 1. What is the dilemma facing Palmer? I believe that the dilemma is simple: a student challenges the school official authority. I said simple because not for the dilemma’s complexity rather for the regularity with which a young behave in a rebellious manner. 2. Should Palmer proceed with his plan to administer the punishment? Why or why not? No, he should not. The corporal punishment should never be administered when the child presents resistance. However, in case that he proceed with his plan, the reasonable administration should be based in the gravity of the offense. 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Wednesday, January 1, 2020

Kelly DeVries and Douglas Smiths’ Second Edition Text,...

Kelly DeVries and Robert Douglas Smith. Medieval Military Technology, Second Edition. Toronto. University of Toronto Press Incorporated, 2012. XVIII + 356 pp. Illustrations, bibliographical references, Index. ISBN 978-1-4426-0497-1. This second edition of DeVries and Smiths’ book, Medieval Military Technology, encompasses many of the weapons, fortifications, vessels, machines, and armour developed throughout the medieval period, to provide a brief cultural history of the relationship between military technology and medieval society. DeVries and Smiths’ purpose in compiling this book was to lay out their argument in a way to which the reader can understand the purpose of medieval military and its relationship to society. The central†¦show more content†¦The second example I have chosen to look at is used to show how society influenced military technology. Due to the types of weapons being used in fourteenth century, knights came to favour plate armour over chain mail . DeVries and Smiths’ section on plate armour, along with figure 2.7 , helps to describe how medieval society used plate armour to influence their military technology. These examples provide an insight to how DeVries and Smith portray a comprehensive argument, that explains the significant roles both society and technology had during the Middle Ages. DeVries and Smith have succeeded in laying out and proving their argument, which is that medieval military technology was influenced both by that of society on technology, and technology’s influence on society; although, the argument of this book was somewhat difficult to figure out. Neither the introduction nor conclusion in, Medieval Military Technology is clear at pointing out the central argument of the book. Instead, these sections describe other historians’ contributions to the field of military technology, the structure of the book itself, happenings during the Middle Ages, and the dying out of military practices. It is not until you have thoroughly completed reading the text and reviewed its contents that you understand the books purpose. As the introduction points out, Medieval Military