This is also part of the Miranda law, whihch requires an arresting officer to explain a defendant's right to remain silent and to ask for legal representation. One safeguard which, however, does not seem to be followed strictly, is the right to a speedy trial.
Question 4: This is a very interesting case. On one hand, there is the safeguard of a person's privacy, as well as the presumption of innocence. But, does privacy extend outside the home, which could only be searched with a warrant. On the other, this is obviously a high crime area, which may already have been responsible for numerous valid arrests for, say, drug dealing. The main question that needs to be answered is- do the police have a right for search and seizure of money and/or drugs, given they only have suspicions and no real sight evidence of specific transactions? In other words, is the surreptitious exchange of something from one person to another, from one hand to another, sufficient proof of something illegal? The ordinance explains loitering for more than 15 minutes as a misdemeanor. Yet, it would seem that actual drug transactions would (or should) be felonies. Therefore, my opinion is that the ordinance as written is too vague and needs to be re-worked to specifically target those people loitering for a given period of time who are observed in some sort of transaction that seems to be an illegal exchange of money for drugs. But, as now constituted, the ordinance may not be valid.
HARTLEY: Among the Constitutional guarantees for Hartley are a protection from "unreasonable seizure" (that is, did some federal agents come to Hartley's plant and seize breaded shrimp?). He also has the right to confront and cross-examine his accusers. (i.e., who decided his shrimp were below standard, and was he ever properly informed of the standard, and was the specific standard included in any contract he signed with the government?).
The government must show beyond a reas...
Mediation and Arbitration. (2000, January 01). In LotsofEssays.com. Retrieved 03:46, November 26, 2014, from http://www.collegetermpapers.com/viewpaper/1304222569.html