legal Memorandum APA formatted

Feb 3rd, 2012
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Harvard University
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Write an eight to ten (8-10) page legal Memorandum paper in which you: 1. Summarize five (5) key aspects of Terry v. Ohio. 2. Posit whether or not you believe law enforcement violated Terry and the other men’s right to privacy which the Fourth Amendment guarantees. Justify your position. 3. Examine the dissenting opinion of Justice Douglas, as discussed in the case. Discuss the origins and importance of probable cause as it relates to law enforcement’s discretion to search Terry’s car in this case. 4. Examine the two part test provided by the Court in Terry that first asks whether the officer’s action is justified at its inception; and second, asks whether it is reasonably related in scope to the circumstances which justified the interference in the first place.Discuss whether or not this test leaves officers with too much discretion when making a determination to stop an individual. Provide a rationale for your response. 5. Examine the Court’s holding in Terry that provides that probabl

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Showing Page: 1/11
Fourth Amendment of the U.SStudent NameInstitutionFourth Amendment of the U.SThe United States Fourth Amendment was of greater notion that each man's home was his own castle, therefore free from any unreasonable seizures and searches of their property by their government and further protect. The citizens from arbitrary arrests since the Fourth Amendment is a law that has provisions with the basis on search warrants, safety inspections, surveillance, wire taps and the stop and frisk (Bennett, 2008).The Amendment was meant to give the citizens the rights to be secure in their persons, papers, houses, against unreasonable searches and seizures, which were not to be violated. However, there was no warrant was to be issued thereof except on probable cause that was to be supported by oath or affirmation to the same describing the place to be searched or the persons and things that are to be seized (Call, 2000).The five key aspects in the Terry Vs. Ohio case was that McFadden, who was A Cleveland detective, saw two strangers being Terry and Chilton patrolling and passing through a store window. He was suspecting the two of casing a job, stick up the detective followed and approached them and identified himself as a police officer and asked them their names to which they mumbled forcing the police officer to spun them, patted down their outside clothing (Ferguson & Bernache, 2008).The officer ordered them into the store and removed their overcoats, took out a r

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