Carroll v. U.S. Supreme Court Case, Arguments, Impact

Carroll v. U.S. (1925) was the first decision in which the Supreme Court acknowledged an â€Å"automobile exception† to the Fourth Amendment of the U.S. Constitution. Under this exception, an officer only needs probable cause to search a vehicle, rather than a search warrant. Fast Facts: Carroll v. U.S. Case Argued:  December 4, 1923Decision Issued:  March 2, 1925Petitioner:  George Carroll and John KiroRespondent: United StatesKey Questions:  Can federal agents search an automobile without a search warrant under the Fourth Amendment?Majority: Justices Taft, Holmes, Van Devanter, Brandeis, Butler, SanfordConcurring: Justice McKennaDissenting: Justices McReynolds, SutherlandRuling:  Federal agents may search a vehicle without a warrant if they have probable cause to believe they will uncover evidence of a crime. Facts of the Case The Eighteenth Amendment was ratified in 1919, ushering the era of Prohibition, when the sale and transport of alcohol was illegal in the U.S. In 1921, federal prohibition agents stopped a car traveling between Grand Rapids and Detroit, Michigan. The agents searched the car and found 68 bottles of liquor stashed inside the car seats. The officers arrested George Carroll and John Kiro, the driver and passenger, for illegally transporting liquor in violation of the National Prohibition Act. Before the trial, an attorney representing Carroll and Kiro motioned to return all evidence seized from the car, arguing that it was removed illegally. The motion was denied. Carroll and Kiro were convicted. Constitutional Issues The Fourth Amendment of the U.S. Constitution keeps police officers from conducting a warrantless search and seizure of evidence in someone’s home. Does that protection extend to a search of someone’s car? Did the search of Carroll’s vehicle in accordance with the National Prohibition Act violate the Fourth Amendment? Arguments Counsel on behalf of Carroll and Kiro argued that federal agents violated the defendant’s Fourth Amendment protections against warrantless searches and seizures. Federal agents must obtain an arrest warrant unless someone commits a misdemeanor in their presence. Witnessing a crime is the only way that an officer can avoid getting an arrest warrant. That concept should extend to search warrants. Officers should have to obtain a search warrant to inspect a vehicle, unless they can use their senses like sight, sound and smell, to detect criminal activity. Counsel for Carroll and Kiro also relied on Weeks v. U.S., in which the court ruled that officers making a lawful arrest may seize unlawful items found in the arrestees possession and use them as evidence in court. In Carroll and Kiro’s case, officers could not have arrested the men without first searching the vehicle, making the arrest and search invalid. Counsel on behalf of the state argued that the National Prohibition Act allowed the search and seizure of evidence found in vehicles. Congress intentionally drew a line between searching a house and vehicle in the legislation.   Majority Opinion Justice Taft delivered the 6-2 decision, upholding the search and seizure as constitutional. Justice Taft wrote that Congress could create a distinction between cars and houses. For the Supreme Court at the time, the distinction hinged on the function of a car. Vehicles can move, leaving officers little time to obtain a search warrant. Delivering the opinion for the majority, Justice Taft emphasized that the agents could not search every vehicle traveling on public highways. The federal agents, he wrote, must have probable cause to stop and search a vehicle for illegal contraband. In the case of Carroll and Kiro, prohibition agents had reason to believe the men were involved in smuggling alcohol from previous interactions. The agents had seen the men travel the same route to obtain alcohol in the past and recognized their car. This gave them sufficient probable cause to search. Justice Taft addressed the interaction between a search warrant and an arrest warrant. He argued that the right to search and seize evidence could not be dependent on the ability to arrest. Instead, whether or not an officer can search a car is dependent on whether or not the officer has probable cause—reason to believe the officer will uncover evidence. Justice White wrote: â€Å"The measure of legality of such a seizure is, therefore, that the seizing officer shall have reasonable or probable cause for believing that the automobile which he stops and seizes has contraband liquor therein which is being illegally transported.† Dissenting Opinion Justice McReynolds dissented, joined by Justice Sutherland. Justice McReynolds suggested that officers did not have sufficient probable cause to search Carroll’s vehicle. Under the Volstead Act, suspicion that a crime has been committed does not always amount to probable cause, he argued. Justice McReynolds wrote that the case could create a dangerous precedent for random roadside searches and arrests. Impact In Carroll v. U.S., the Supreme Court recognized the legitimacy of the automobile exception to the Fourth Amendment. Building on past cases and existing legislation, the Court emphasized the difference between the search of someone’s home and the search of a vehicle. The automobile exception only applied to federal agents conducting searches until the 1960s when the Supreme Court ruled that it applied to state officers. The exception gradually expanded over the last few decades. In the 1970s, the Supreme Court abandoned Taft’s concern over the mobility of vehicles and adopted language surrounding privacy. Under more recent decisions, officers rely on probable cause to search a vehicle because the expectation of privacy in a car is less than the expectation of privacy in a house. Sources Carroll v. United States, 267 U.S. 132 (1925).â€Å"Vehicular Searches.†Ã‚  Justia Law, law.justia.com/constitution/us/amendment-04/16-vehicular-searches.html.

The Effects Of Video Game On Society - 1466 Words

For generations games have been an important part of our culture. Many of these games center on war and strategic tactics. Boys and girls have played soldier, Cowboys and Indians, Monopoly, or Chess . Through games such as these the future men and women of society learned strategy and the consequences of controlling and restraining themselves because their actions had consequences. However with the invention of the computer high definition graphics, these games, and many others have been created and gone digital. As technology has advanced, so has the realism that these games provide†¦ virtually. Now death and destruction can happen, cries of death and even the feelings of being hurt have all been virtualized so that it seems so real, but without any consequences. Today computer games, including violent games, are played by many to the point of addiction. Although there are many benefits to the Video game sales have rapidly grown over the past years. 43% of these games are considered Teen or Mature, and an additional 12% are considered Everyone 10+ . With statistics like these, one can only assume that many of the games that are being played are considered at least somewhat violent. According to the Online Education Center the average American gamer spends 18 hours a week playing video games. Even though only 65% of US households play video games, the average time spent playing video games per capita in the United States is 23 minutes a day. Several recentShow MoreRelatedVideo Games And Its Effects On Society1463 Words   |  6 Pages Movies, video games, music and television shows come in different genres. However, depending on age in regards to youth not just anyone is allowed to: watch certain movies, buy just any video game, listen to any music or watch any tv show. Sometimes they can see certain movies with a parent or guardian. Seeing violence in excess causes violent acts to take place in society because it gives ideas to viewers or listeners especially those who are young. This the reason there are ratings for mediaRead MoreThe Effects Of Video Games On Society1274 Words   |  6 PagesViolence in video games can affect ones mindset in so many different ways, where we don’t even realize it. For example playing â€Å"Grand Theft Auto† for a few hours will change your mindset. Even though it wouldn’t be in a tremendous way, but for a few minutes your mindset will think, â€Å"This game is so much fun, I want to steal cars, have police chase me, shoot at people, even steal helicopters †. According to Social scientists in the New York Times, Many studies have shown that this is becoming a majorRead MoreVideo Games And Its Effect On Society Essay1380 Words   |  6 Pagesthe 1970’s, video games in America have been controversial. Currently around 97% of America s children play video games in some form; from home consoles such as Xbox, to personal computers and mobile games on smartphones, even in an educational form, video games are nearly everywhere and bringing in big money. Around $21 billion is being funneled into a domestic video game industry. But what are these kids viewing when playing video games and how does that affect their role in society? A commonRead MoreVideo Games And Its Effect On Society1525 Words   |  7 Pagesâ€Å"The reason why people find it so enjoyable is that games are usually the right degree of challenging and the player takes an active role (unlike watching television) so there is an incentive to achieve† (Gee) . Ever since video games were invented there was an immediate attachment and an unwillingness to release them. They present chances to accomplish things one may not be able to do in their life, and provides an escape from reality. Video games also imprint and teach new skills to the gamers whoRead MoreVideo Games And Its Effect On Society980 Words   |  4 PagesAs a growing medium, video games are often associated with various negative connotations that have obfuscated its positive contributions made to society. As a result, the general public is unaware of how video games have shaped modern-day, some even consider it a meaningless teenager pastime, but this is distant from reality. Video games are important to society at large because they do not serve for entertainment purposes only, they are a major force in the economy, scientific research, and militaryRead MoreVideo Games And Its Effects On Society1588 Words   |  7 PagesSince the creation of Spacewar in spring of 1962, vi deo games have dramatically improved along with technology. 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However, in recent years, these postulates have been put to the test; a number of scientists have conducted ex perimentation in order to discover whetherRead MoreThe Effects Of Video Games On The Society859 Words   |  4 PagesAccording to a U.S Study by Rideout Et Al (As Cited in Anderson Bushman 2001.a), the popularity of video games is rapidly increasing. In a U.S study by Butchman Funk (As Cited in Anderson Bushman 2001.b), Around 60 percent of 4th grade girls prefer violent games and about 3 out of every 4 boys with a similar age also prefer ferocious ones. This essay will argue that violence in video games should be censored. For the purpose of this essay, violence can be defined as the physical force intendedRead MoreVideo Games And Its Effect On Society1298 Words   |  6 PagesIntroduction During the advent of video games, the world was taken by storm, as this new type of entertainment caught the attention and imagination of the populace; but as this attention grew, concern and scrutiny weren’t far behind. Controversy finally got its chance in the 1990s, when games finally upgraded to 16-bit, giving them the ability to depict realistic blood and gore in games like Moral Kombat; which was criticized for excessive violence, a reason Congress used to create the EntertainmentRead MoreVideo Games And Its Effects On Society1632 Words   |  7 PagesTechnology is a large part of modern society, especially in industrial society. Depending on who you ask, people are either in favour of the advancement in technology or some are against its progression arguing that people have become too reliant. Cellphones are one of the main forms of technology that people talk about most, questioning whether they are a good thing or bad. Many people are also concerned with the advancem ent in video games, worrying that video games are the cause of crime and violence

Funny in Farsi Immigration Free Essays

America has often been called â€Å"The Land of the Free†, where opportunities are like the bounteous fish caught at sea; the catch may be large or small, may come sooner or later. Just as the Gold Rush prompted for many miners to come about, the promising opportunities have prompted for immigrants to pour into in America. Although this chance for a new beginning has vastly beckoned immigrants, there are sacrifices immigrants must make along with newfound chances. We will write a custom essay sample on Funny in Farsi Immigration or any similar topic only for you Order Now Succumbing to social alienation is one of the sacrifices that immigrants must make. In the memoir, Funny in Farsi, by Firoozeh Dumas, and the studies of Djuro J. Vrga on Differential Associational Involvement of Successive Ethnic Immigrations: An Indicator of Ethno-Religious Factionalism and Alienation of Immigrants, the depths of social alienation and its influence on immigrants are reviewed. Dumas’ memoir describes the experience of an Iranian growing up in America, whilst Vrga’s study is applied to different sociocultural aspects of life immigrants may encounter. Cultural differences in morality, ethics, values and political standings all play an substantial role when discussing social alienation. However, more often than so, the Americans are the social alienators while the immigrants are the socially alienated. Though Americans were once so to speak—immigrants, as if Americans are rotten crops from the harvests of heritage, immigrants are the freshly picked fruits of culture and tradition, and a batch of flawless tomatoes obviously stand out amongst the rundown veggies. Firoozeh Dumas highlights the awkward feelings entailed with social alienation as a theme throughout the memoir. Dumas recalls on several occasions how uneasy and disturbing it is to be singled out, â€Å"I cringed. Mrs. Sandberg, using a combination of hand gestures, started pointing to the map and saying, â€Å"Iran? Iran? Iran? † Clearly, Mrs. Sandberg had planned on incorporating us into the day’s lesson. I only wished she had told us that earlier so we could have stayed home. † (Dumas 6). Merely because it was a tad unusual to have an Iranian family join the community, Dumas’ teacher decided it would be perfectly normal to use people of a unique heritage for the lesson as though they were show-and-tell puppets when they are after all, people. Daily ‘encounters’ with other Americans through Dumas’ experiences epict how the lack of geographic knowledge has further contributed to alienation and its bond with immigrants, â€Å" Inevitably, people would ask us where we were from, but our answer didn’t really matter. One mention of our homeland and people would get that uncomfortable smile on their face that says, â€Å" How nice. Where the heck is that? † (Dumas 37). Despite the seemingly minor extent of social alienation found in Dumas’ more humorous examples, the isolation of cultures does occasionally meet with a rather unreasonable but inevitable high tide. As the Iranian Revolution took place, the media fed its always starving Americans with the news that Iranians had violently taken a group of Americans hostage, â€Å" For some reason, many Americans began to think that all Iranians, despite outward appearances to the contrary, could at any given moment get angry and take prisoners. (Dumas 39. ) This kind of media induced prejudice created an unsafe social environment for Iranians, ultimately forcing them to lie about their ethnicities, â€Å" My mother solved the problem by claiming to be from Russia or â€Å"Torekey. † (Dumas 39. Other than lying about one’s ethnicity, finding and keeping a job was nearly impossible during these sorts of times, â€Å" Even worse, with the turmoil in Iran, the value of my father’s pension dropped to the point of worthlessness. At fifty-eight, my father found himself unemployed and with no prospects. Nobody wanted to hire an Iranian. †(Dumas 117. ) Coinciding with the urgency of unemployment due to societal prejudices, Djuro J. Vrga’s views on the matter are quite blunt, â€Å" An immigrant must make two kinds of adjustments: (1) to his own ethnic group, and (2) to the larger ociety. † (Vrga 239. ) Without restriction to the Iranian Revolution, Dumas’ experience and Vrga’s analogy reveal a now unearthed concept that social alienation is composed of both a minority and a versing majority. All throughout her life, Firoozeh Dumas was forced to contend to a traditional upbringing contrary to the contemporary surroundings she lived in. These two opposing factors were the necessary ingredients creating the recipe for social alienation, whereas if Dumas were not Iranian and born purely American there would be a missing ingredient. Even in marital matters, Dumas faced the same kind of discouraging social issues, â€Å" Francois and I had agreed that we would be married both in the Catholic Church and in a traditional Persian ceremony. The tough part was finding a Catholic priest who would be willing to officiate at a mixed marriage. † (Dumas 145-146. ) The interracial circumstances binding the wedding like a serpent does its prey, Firoozeh Dumas consistently meets with American shortcomings. In 1977, Washington, D. C. , Iranians were invited to welcome the Shah, or Iranian leader, who was cheduled to meet Jimmy Carter, a newly elected president. Unfortunately, anti-Shah demonstrators interfered with the event, â€Å"The demonstrators had crossed the road. They were stampeding toward us waving sticks with nails driven into them. People were screaming and running. Instead of Iranian flags, the lawn was covered with bloody and injured Iranians. My parents and I ran and ran and ran. † (Dumas 113. ) The segregation of Iranians uprooted into a violent and gruesome scene, agreeable with Djuro J. Vrga’s perspective on such issues, â€Å"The ethnic group is a social system through which its members atisfy many of their social needs and express frustration resulting from unsatisfied expectations and aspirations in the larger society. (Vrga 239. ) The larger society in Dumas’ case was composed of the anti-Shah demonstrators, whom successfully destroyed a political event with their distaste for Iranians. Regardless of the many stages social alienation has set, it appears that time has an influential hand when it comes to deciding whether the stage will be a dandy garden, or a gloomy swamp. Funny in Farsi is a memoir that not only shows how growing up an immigrant can be, but how t affects one’s social standings in society. Djuro J.  Vrga’s Differential Associational Involvement of Successive Ethnic Immigrations: An Indicator of Ethno-Religious Factionalism and Alienation of Immigrants serves only further in accentuating the conditional aspects an immigrant must face. Though social alienation may be a recurring theme in Dumas’ memoir, it is truthful and consequently a recurring theme in possibly any immigrant’s life. Humorous indeed, it could be Funny in Any Language; there are no restrictions on where social alienation might pop up, but Dumas provides a great example nonetheless. How to cite Funny in Farsi Immigration, Essay examples

Prometheus Bound Analysis Essay Example For Students

Prometheus Bound Analysis Essay A monologue from the play by Aeschylus NOTE: This monologue is reprinted from The Dramas of Aeschylus. Trans. Anna Swanwick. London: George Bell and Sons, 1907. PROMETHEUS: Think not that I through pride or stubbornnessKeep silence; nay, my brooding heart is gnawedSeeing myself thus marred with contumely;And yet what other but myself marked outTo these new gods their full prerogatives?But I refrain; for, nought my tongue would tellSave what ye know. But rather list the illsOf mortal men, how being babes before,I made them wise and masters of their wits.This will I tell, not as in blame of men,But showing how from kindness flowd my gifts.For they, at first, though seeing, saw in vain;Hearing they heard not, but, like shapes in dreams.Through the long time all things at random mixed;Of brick-wove houses, sunward-turnd, nought knew,Nor joiners craft, but burrowing they dweltLike puny ants, in caverns depths unsunned.Neither of winter, nor of spring flower-strewn,Nor fruitful summer, had they certain sign,But without judgment everything they wrought,Till I to them the risings of the starsDiscovered, and their settings hard to scan.Nay, also Numb er, art supreme, for themI found, and marshalling of written signs,Handmaid to memory, mother of the Muse.And I in traces first brute creatures yokd,Subject to harness, with vicarious strengthBearing in mortals stead their heaviest toils.Hearken the rest, and thou wilt marvel moreWhat arts and what resources I devised.This chief of all; if any one fell sick,No help there was, diet nor liniment,Nor healing draught; but men, for lack of drugsWasted away, till I to them revealedCommixtures of assuaging remediesWhich may disorders manifold repel.Of prophecies the various modes I fixed,And among dreams did first discriminateThe truthful vision. Voices ominous,Hard to interpret, I to them made known:And way-side auguries, the flight of birdsWith crooked talons, clearly I defined;Showed by their nature which auspicious are,And which ill-omenedtaught the modes of lifeNative to each, and what, among themselvesTheir feuds, affections, and confederacies.Touching the smoothness of the vital par ts,And what the hue most pleasing to the gods,I taught them, and the mottled symmetryOf gall and liver. Thighs encased in fatWith the long chine I burnt, and mortals guidedTo a mysterious art; of fire-eyed signs,I purged the vision, over-filmed before.Such were the boons I gave; and neath the earthThose other helps to men, concealed which lie,Brass, iron, silver, gold, who dares affirmThat before me he had discovered them?No one, I know, but who would idly vaunt.The sum of all learn thou in one brief word;All arts to mortals from Prometheus came.Such cunning works for mortals I contrived,Yet, hapless, for myself find no deviceTo free me from this present agony.