Wednesday, May 15, 2019
Wolf v. Colorado & Terry v. Ohio Case Study Example | Topics and Well Written Essays - 500 words
wildcat v. Colorado & Terry v. Ohio - Case Study Exampletate policing policies,sometimes declaring them unconstitutional while different times oddly using them as a definitive source in the scope of federal official protection (Schulhofer,2012).Fact.Thus the doctrine of incorporation is when a court selectively and extensively incorporates the Bill of Rights by its plait of the due process Clause of the Fourteenth Amendment,by so declaring that federal procedural safeguards applies to states malefactor proceedings.Issue.In wolf,the Court applied the Fourth Amendment to the states,as opposed to the federal exclusionary obtain in which matter barring the political sympathies from using illegally seized evidence in its case in chief to prove guilt. The issues in this case involved incorporation of the Fourth Amendment and the lack of the need for a rule of exclusion.Reasoning.The decision of the Court in Wolf and Colorado in 1949 held that the Fourth Amendment applied to the sta tes, and the exclusionary rule did not. By declaring that the Fourth Amendment applied to the states,relied on the incorporation standard articulated in Palko V. Connecticut,a standard likewise cited in the modern Court to reconcile whether the Due Process Clause of the Fourteenth Amendment protects a newly asserted liberty (Schulhofer,2012).Case significance.The Wolfs Court strongly defined the Fourth Amendments fundamentals as protecting a persons privacy against intrusion by police, a basic right of free society.Unanimously it held that the Due Process Clause of the Fourteenth Amendment incorporated the Fourth Amendment.Brief Case Summary.The Petitioner,John W. Terry was stopped by a police officer after the officer observed that the petitioner was causing a salt away for potential robbery. The petitioner was approached by the officer for questioning and the officer decided to search him first.Acceptably according to the rule of law a police officer may perform a search for we apons without a warrant,without a probable cause when the
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