Constitution Hw Essay

Submitted By cdh1994
Words: 2066
Pages: 9
Open Document
Christine Haskin
Political Science 1
Banks
30 April 2013
Scenario 1
I. Police woman chases Charles to the back of the store. When the police woman engaged in chasing and following the matched rapist, she was only improving her view of Charles, and therefore not conducting a search. However, when Charles ran away once he saw the police woman, this allowed the police woman to yet strengthen her reasonable suspicion to detain Charles at the back of the store.

After the chase, the police woman sees an empty shoulder holster and the proceeds to ask where the gun was.
The police woman was just asking a question in which any questioning must meet the reasonable suspicion test which is at a low standard. The suspect was not required to answer the question.
The officer had a concern for her safety once she saw that the holster was empty in plain view. In this situation the only way to obtain safety was to retrieve the gun.

Police woman retrieves the gun.
Retrieving the gun was a seize because she removed the object from its original position.
However, this was justifiable because of safety as well as probable cause, which is a higher standard than reasonable suspicion, that a crime will be committed because the gun is a tangible item.

Police woman then arrests Charles.
Arrest or the detainment of a suspect only needs reasonable suspicion. However, the detainment of Charles could have been defined when she first caught Charles after the chase because, clearly he was not free to go at that point.

The police woman reads Charles the Miranda warning.
The Miranda warning did not timely violate Charles’s rights because this does not have to be read unless Charles was being taken into custody. This right did not apply when the police woman detained and questioned Charles at the back of the store because she only needed reasonable suspicion to do so.

The police woman was right in asking where the gun was. She had a concern for her safety once she saw the empty shoulder holster. Charles hid the gun himself, therefore, this was not a manipulation of the object by government but by the suspect, thus could seize the weapon. The gun could be used against Charles because it hindered the safety of the officer. Charles’s answer “The gun is over there,” indicates that the gun was still in plain view but violated the safety of the officer, hence allowing her to retrieve the gun.

Scenario 2 The Citizens Understanding Life’s Truth is an officially registered political interest group. Their rights are protected under the First Amendment.

Freedom of Religion
Under the Free Exercise Clause, government cannot pass any law that interferes, infringes, limits, punishes, restricts, discriminates, free exercise of religion.
In this case, The Citizen’s Understanding Life’s Truth is a religious organization, and their religion is against any actions of killing unborn fetuses. Therefore, in order to manifest their beliefs to others, they do so through speech and petition.
Although under the Free Exercise Clause there can no be no law passed that restricts religion, government may distinguish between belief and practice under the secular regulation rule. Political Speech
Abortion is a political policy and any expression about these policies will be consented and protected under Political Speech. However, if the government can meet the compelling reason strict scrutiny test, then they may control this type of speech if it is the only way to secure health and safety of the people.

Right to Petition
The group has a right to protest, and demonstrate, unless government can meet the compelling reason test, where government has to prove that it is necessary to secure the health and safety of the people by limiting, restricting, and preventing this right. However, if government does restrict this right to the group, then they must provide the time, place, and manner rule, in which will give the group on
Show More

Related Documents: Constitution Hw Essay

Essay Early Republic HW LE Pdf

Jackie Davis Mr.Vargas APUSH 5 27, October 2014 Early Republic HW LE 1. In the election of 1800, there had been much animosity and bitter partisan feeling between the two national political parties. Thomas Jefferson, the new president, recognized the need for a smooth and peaceful transition of power to the federalists to the democraticrepublicans. the federalists quietly accepted their defeat in the election of 1800 and peacefully relinquished control of the federal government to Jefferson's party…

Words 654 - Pages 3

Hw 33 34 Essay

HW 33 Incumbents- those already holding office. Casework- Activities of members of Congress that help constituents as individuals, particularly by cutting through bureaucratic red tape to get people what they think they a have a right to get Pork barrel- Federal projects, grants and contracts available to state and local governments, businesses, colleges and other institutions in a congressional district 11.1- Congress has proportionately more whites and males than the general population, and…

Words 723 - Pages 3

Supreme Court of the United States and Sc Essay

to be the highest of all the courts in the judicial system of America. They therefore assigned the court to have the role of ‘guarding’ and ‘interpreting’ the constitution. Since then the court has been said to have three main jobs as written in the constitution: Supreme Court judges are to interpret federal laws, interpret the constitution and allow majority or minority rulings. The Supreme Court was set up by Article 9 and was regarded to be the most powerful body in the United States of America…

Words 1606 - Pages 7

Unit Plan on Economics Essay

Citizenship, and Government Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations; the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation. III. Sub Topics for the Unit. 1. Agriculture/Chain Introduction: This Sub-Group…

Words 3389 - Pages 14

13th Amendment: An Amendment To The US Constitution

an amendment to the Constitution, adopted in 1865, that has abolished slavery and involuntary servitude 14 Points – the principles making up Wilson’s plan for world peace following World War I 14th Amendment – an amendment to the U.S. Constitution, adopted in 1868, that makes all persons born or naturalized in the United States - including former slaves – citizens of the country and guarantees equal protection of the laws 15th Amendment – an amendment to the U.S. Constitution, adopted in 1870, that…

Words 4746 - Pages 19

John Lewis Case Study

signed away his personal ownership rights. He wanted to leave some clear guidelines for his successors, so that the values, which had motivated him, would not be eroded with the passage of time so he set up the JLP constitution. See appendix 6 for a brief description of the constitution Involvement employee v management in making decisions within the organisation See Appendix 1 for concept Condition for successful EI Scheme / Advantages and disadvantages of Employee Involvement See Appendix…

Words 2778 - Pages 12

Summer Asigmnet Essay

capable of reading RSS feeds. Throughout the year I will be assigning Historical podcasts from profession websites (Organization of American Historians, Gilder Lerhman Institute, The Constitution Center, Massachusetts School of Law, and NPR) as well as our teacher created class podcast (more on this later). In addition to HW podcasts, you will have the opportunity to submit extra podcast notes for extra points (more on this later). APUSH SUMMER ASSIGNMENT
Guided Reading Examples APUSH…

Words 4099 - Pages 17