Description
Prior to beginning work on this discussion Part 1,
- Review Chapter 5 of the course textbook.
- Review United States v. Hall, 47 F.3d 1091 (11th Cir. 1995).
In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals discussed the difference between a business and an individual’s reasonable expectation of privacy in the area around their home or business (called the curtilage). In Hall, a government agent seized a bag of shredded documents from a dumpster located on the property of Bet-Air, Inc. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. Review United States v. Hall and discuss the following:
- What was the Court of Appeal’s decision?
- Was the search and seizure a violation of the Fourth Amendment? Why or why not?
- Would the result have been different if the dumpster was on private property rather than on commercial property?
- Suppose you were an executive at Bet-Air. What recommendations would you make to help Bet-Air assert an expectation of privacy in the dumpster?
Prior to beginning work on this discussion Part 2,
- Review Chapter 6 of the course textbook.
Jones was the attorney for the Town of Smithville. He filed a defamation lawsuit against a newspaper that served the Smithville area and against the writer of that newspaper’s Town Crier column. Jones based his case on statements that appeared in the column. The writer of the column referred to Jones as a “political hatchet man” and as “one of the biggest powers behind the throne in local government.” The writer also asserted that “Jones pulls the strings” and raised the question whether Jones was “leading Smithville to destruction.” What arguments should the defendants make in an effort to avoid defamation liability? Should Jones win his case? Your initial response should be a minimum of 400 words for each discussion.
Explanation & Answer
Attached. Please let me know if you have any questions or need revisions.
1
Business Law and Lawsuit
Student's name
Course name and number
Instructor's name
Dates
2
Business Law and Lawsuit
Part I. US v. Hall, The Court of Appeal Decision
The court of appeal affirmed the ruling of the district court that sentenced Hall to prison
for a term of fifty-one months. The court of appeal found no errors in any indecency in the
district attorney's closing statement, sentence imposition, and denial of a suppression motion. All
the allegation Hall had accused the district court ruling was nullified. He was found guilty of
violating numerous federal laws linking Bet-Air's selling to Iran restricted the sale of military
equipment parts. Special Agent William T. removed a bag of paper shredding from a Bet-Air's
Dumpster that was readily accessible to the public and found controversial meeting minutes that
guaranteed him a search warrant. William and his colleagues seized various records and
documents that were used as evidence against Hall.
Law Determining whether the Search and Seizure Violate Fourth Amendment
The Supreme Court holds that a seizure and warrantless search of garbage left in a plastic
bag outside the curtilage but in front of a private house does not violate the Fourth Amendment.
It will only violate the Amendment if the individuals dumping the trash demonstrate a subjecti...
