This topic contains a solution. Click here to go to the answer

Author Question: What types of inspections have been permitted by the Supreme Court? Explain the restrictions on ... (Read 24 times)

sam.t96

  • Hero Member
  • *****
  • Posts: 570
What types of inspections have been permitted by the Supreme Court? Explain the restrictions on each.
 
  What will be an ideal response?

Question 2

The law enforcement practice that has been legitimated under the Fourth Amendment by Terry v. Ohio (1968 ) is known in proper law enforcement terms as _______ ___________.
 
  Fill in the blank(s) with correct word



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

vkodali

  • Sr. Member
  • ****
  • Posts: 357
Answer to Question 1

Two types of home inspection have been considered by the Supreme Court. The first concerns health and safety inspections of residential buildings, such as public housing units. In Frank v.
Maryland, 359 U.S. 360 (1959), the Court upheld the constitutionality of a statute designed to punish property holders for failing to cooperate with warrantless health and safety inspections. It noted that such inspections touch at most upon the periphery of the important interests safeguarded by the Fourteenth Amendment's protection against official intrusion.
In 1967, the Supreme Court overruled the Frank decision in Camara v. Municipal Court, 387 U.S. 523 (1967). In Camara, the Court noted that nonconsensual administrative inspections of private residences amount to a significant intrusion upon the interests protected by the Fourth Amendment. Today, a warrant is required for authorities to engage in a home inspection. However, the meaning of probable cause in such a warrant differs from that applied to warrants typically used in criminal investigations. The Court has stated that if an area as a whole needs inspection, based on factors such as the time, age, and condition of the building, then the probable cause requirement will be satisfied. The key is that probable cause in the inspection context is not individualized as in the typical warrant. That is to say, inspections of this sort are geared toward buildings, not persons.
In Michigan v. Tyler, 436 U.S. 499 (1978), the Supreme Court authorized the warrantless inspection of a burned residence (a fire inspection) immediately after the fire had been put out. The key fact in the holding is that the inspection must be contemporaneous, not several days or weeks after the fire.
The Supreme Court has permitted government officials to open incoming international mail without a warrant to do so.

Answer to Question 2

field interrogation
COMMENT: The term stop and frisk is so common and legitimate, that this question is useful
only if this point is emphasized in class




sam.t96

  • Member
  • Posts: 570
Reply 2 on: Aug 24, 2018
Gracias!


anyusername12131

  • Member
  • Posts: 327
Reply 3 on: Yesterday
YES! Correct, THANKS for helping me on my review

 

Did you know?

Every 10 seconds, a person in the United States goes to the emergency room complaining of head pain. About 1.2 million visits are for acute migraine attacks.

Did you know?

The cure for trichomoniasis is easy as long as the patient does not drink alcoholic beverages for 24 hours. Just a single dose of medication is needed to rid the body of the disease. However, without proper precautions, an individual may contract the disease repeatedly. In fact, most people develop trichomoniasis again within three months of their last treatment.

Did you know?

The heart is located in the center of the chest, with part of it tipped slightly so that it taps against the left side of the chest.

Did you know?

The first oncogene was discovered in 1970 and was termed SRC (pronounced "SARK").

Did you know?

Drug abusers experience the following scenario: The pleasure given by their drug (or drugs) of choice is so strong that it is difficult to eradicate even after years of staying away from the substances involved. Certain triggers may cause a drug abuser to relapse. Research shows that long-term drug abuse results in significant changes in brain function that persist long after an individual stops using drugs. It is most important to realize that the same is true of not just illegal substances but alcohol and tobacco as well.

For a complete list of videos, visit our video library