Monday, November 4, 2019

Wolf v. Colorado & Terry v. Ohio Case Study Example | Topics and Well Written Essays - 500 words

Wolf v. Colorado & Terry v. Ohio - Case Study Example tate policing policies,sometimes declaring them unconstitutional while other times oddly using them as a definitive source in the scope of Federal protection (Schulhofer,2012). Fact.Thus the doctrine of incorporation is when a court selectively and extensively incorporates the Bill of Rights by its construction of the Due process Clause of the Fourteenth Amendment,by so declaring that federal procedural safeguards applies to state’s criminal proceedings. Issue.In wolf,the Court applied the Fourth Amendment to the states,as opposed to the federal exclusionary rule in which case barring the government 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 states, 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 decide whether the Due Process Clause of the Fourteenth Amendment protects a newly asserted liberty (Schulhofer,2012). Case significance.The Wolf’s Court strongly defined the Fourth Amendment’s fundamentals as protecting a person’s â€Å"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 store 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 weapons without a warrant,without a probable cause when the

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