Discussion 1
"Civil Liability" Please respond to the following:
• From the e-Activity, debate whether or not America is moving closer to becoming a police state. Discuss the incidence, expense, and benefits of lawsuits against the police and their ability to prevent or not prevent our nation from moving toward a police state.
• Illustrate the key aspects of U.S. Code Title 42, Section 1983 (page 239 of the textbook). Next, identify and discuss two (2) situations where someone can file a case under Section 1983.
Please also reply to the student
Discussion
The process took decades, but we have finally arrived at a situation when one can confidently say that as of today, the United States of American is a de facto police state. Its not hyperbole or some sort of exaggerated notion used to make a point about isolated causes of police brutality.
This undeniable fact has nothing to do with party, or the president, or any one particular politician. Its a systemic issue the system has turned fascistic, plutocratic, and oppressive.
We got here by a powerful group of politicians, wealthy people, and the heads of multinational corporations with a shared affinity and motivated mainly by shared interests and values, greed, and power lust, came together with the intent of exerting influence of the government, with the eventual goal of controlling the level of power.
"Every person who, under color of any statue, ordinance, regulation, custom or usage, of any state Territory, or District of Columbia, subjects, or causes be thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or proper proceeding for redress..."
Discussion 2
"The Fourth (4th) Amendment: The New Frontier." Please respond to the following:
• Read the article titled, "Still the American Frontier: Fourth (4th) Amendment Litigation".
Explain in your own words situations in which the plain view doctrine applies. List other exceptions to this doctrine not mentioned in the text? Please support your response.
• Describe two (2) situations where you feel that strip, body cavity, or x-ray searches would be merited.
Discussion
The plain view doctrine allows LEOs to make a seizure based on the observation of items they know to be evidence or contraband; I.e. Drugs, guns, stolen items, etc. the items have to be in plain sight to be covered. An officer can't move something to get a better view as that becomes a search and needs probable cause of a different nature. Exceptions would include the plain smell, plain hear and plain feel which are extensions of the plain view doctrine.
Reasons for use of X-ray cavity search or otherwise could be flagged recognition in a system ie he TSA knows of a person originating from said city to possibly be a mule. Or if bomb residue was found on someone's hands or luggage it may be reasonable belief that they may be wearing an explosive device (ie underwear)