United States v. Jardines In 2006, Detective William Pedraja of the Miami-Dade Police Department received an unverified tip that marijuana was being grown in the home of respondent Joelis Jardines. One month later, the Department and the Drug Enforcement Administration sent a joint surveillance team to Jardines home. Detective Pedraja was part of that team. He watched the home for fifteen minutes and saw no vehicles in the driveway or activity around the home, and could not see inside because the blinds were drawn. Detective Pedraja then approached Jardines home accompanied by Detective Douglas Bartelt, a trained canine handler who had just arrived at the scene with his drug-sniffing dog. The dog was trained to detect the scent of marijuana, cocaine, heroin, and several other drugs, indicating the presence of any of these substances through particular behavioral changes recognizable by his handler. Detective Bartelt had the dog on a six-foot leash, owing in part to the dogs wild nature and tendency to dart around erratically while searching. As the dog approached Jardines front porch, he apparently sensed one of the odors he had been trained to detect, and began energetically exploring the area for the strongest point source of that odor. As Detective Bartelt explained, the dog began tracking that airborne odor by ... tracking back and forth, engaging in what is called bracketing, back and forth, back and forth. Detective Bartelt gave the dog the full six feet of the leash plus whatever safe distance he could give him to do thishe testified that he needed to give the dog as much distance as I can. And Detective Pedraja stood back while this was occurring, so that he would not get knocked over when the dog was spinning around trying to find the source. After sniffing the base of the front door, the dog sat, which is the trained behavior upon discovering the odors strongest point. Detective Bartelt then pulled the dog away from the door and returned to his vehicle. He left the scene after informing Detective Pedraja that there had been a positive alert for narcotics. Based on what he had learned at the home, Detective Pedraja applied for and received a warrant to search the residence. When the warrant was executed later that day, Jardines attempted to flee and was arrested the search revealed marijuana plants, and he was charged with trafficking in cannabis. At trial, Jardines moved to suppress the marijuana plants on the ground that the canine investigation was an unreasonable search. The trial court granted the motion, and the Florida Third District Court of Appeal reversed. On a petition for discretionary review, the Florida Supreme Court quashed the decision of the Third District Court of Appeal and approved the trial courts decision to suppress, holding (as relevant here) that the use of the trained narcotics dog to investigate Jardines home was a HYPERLINK http//www.law.cornell.edu/supct-cgi/get-constamendmentiv o subref Fourth Amendment search unsupported by probable cause, rendering invalid the warrant based upon information gathered in that search. 73 So. 3d 34 (2011). The court granted certiorari, limited to the question of whether the officers behavior was a search within the meaning of the HYPERLINK http//www.law.cornell.edu/supct-cgi/get-constamendmentiv o subref Fourth Amendment. BeforeFourth Amendment protection comes into play, police activity must actually be found to be a search in a legal sense.For example, if one puts the family trash out on the curb, police can inspect it without getting a warrant because the family has given up any expectation that the contents of the trash bags are private.But, if the trash is still in the can inside the house, perhaps in the kitchen, police could search it only if they got a warrant allowing them to do so that would be a search in a place that the homeowner considers to be private, and so does society in general. For another example, if one keeps drugs in the glove
Information Technology Acts The act that first comes to mind when thinking about the advances in information technology that resulted in ethical issues would be the Patriot Act,2001, renewed 2006. The patriot Act opened so many door in the technology field that legally were not allowed to be opened in the first place. Shortly after 9/11 happened the Patriot Act came into affect and it stripped citizens of their privacy. The act allowed the government to put camera up at every traffic light…
Patriot Act There have been numerous critics of the Patriot Act. Many groups like the ACLU, and other privacy and civil liberties advocates, assert that the Act violates too many individual freedoms and liberties, especially those regarding privacy. They argue that the Act makes it too easy for law enforcement officials to collect personal information and monitor organizations and individuals, especially American citizens, under the auspices of terrorism-related investigation. Specifically among…
been many events that have threatened our nation’s security that has caused our government to take extreme precautions. During World War II, when the Japanese were a threat, the U.S. passed executive order 9066 and after 9/11 they passed the USA Patriot Act. Both of these actions caused certain groups to be discriminated against and prevented them from having equal rights. Some question whether the loss of civil rights is worth that safety. Due to the fact that the power is often used in excess or…
The making and history of the U.S Patriot Act involved many parties who opposed and supported the legislation. It was proposed and signed into the law by George W. Bush. Within 45 days after the September 11, terrorist attack of New York in 2001. Its goals are to strengthen domestic security and broaden the powers of Law Enforcement with regards of stopping and identifying terrorist. The passing and renewal of the Patriotic Act has been controversial. Supporters claim that it has been instrumental…
scene of anarchy on the docks of the Boston Harbor. With a declaration of independence, a bloody war and a bill or rights, we would begin to truly pursue this new life of liberty. In the beginning it was a tea party arranged by poorly dressed patriots in the ruse of savages in the harbor of Boston that would cause a most famous horse ride on the evening of April 18th, 1775. One could say that this was a ride for liberty. The next day a shot would ring out across the world as the fight for American…
bill designed to fight against terrorism into the law. The bill is the Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism, they even found the perfect name for it, largely known as The Patriot Act. Don’t bother going into your bedroom to talk to your love ones who are at war, or better yet; don’t bother pulling your blinds and getting comfortable in your own living room without the fourth Amendment intact. Privacy is a thing in the past…
Week 4 Assignment Week 4 Assignment Since the attacks on September 11, 2001 occurred, our government introduced many new securities in an effort to keep America safe though the USA PATRIOT act, but has it gone too far? Extra security measures at airports makes sense considering planes were used to attack our country, but our government has taken things to a whole other level. They are now monitoring, what seems to be, every move, we the American people, make. From our communication with…
Dora Bell 4208341 HLSS101 RESEARCH PAPER THE PATRIOT ACT: protecting our nation at the expense of civil liberties United States of America is synonym with freedom and liberties. It is the country of free will, moral responsibility, freedom of religion, of speech notwithstanding the right to privacy. The Founding Fathers, when writing the constitution strove to make sure every citizen will live in a place where they could express themselves. The Bill of Rights provided a lot of liberties to the…
on the historical date of September 11, Congress passed the USA PATRIOT Act which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act or more commonly referred to as the Patriot Act. The act’s sole purpose is to get information and prosecute international terrorists scheming on American soil; however, the act has caused many concerns. Much of the Patriot Act violates the U.S. Constitution, the sacred document created by the…
Privacy Essay Privacy. What do you think the average American would say if you told them they have no Constitutional Right to Privacy, as privacy is never mentioned anywhere in the Constitution? That the information they share over the World Wide Web has little if any protection by or from the government. Of course our government is hard at work to modernize the form of weeding out the unsanitary to which some cenacles might call censorship. But the main question still stands, do we have a right…