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Author Topic: Constitutional Criminal Law with J. Smith  (Read 7430 times)

jeffjoe

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Re: Constitutional Criminal Law with J. Smith
« Reply #20 on: December 15, 2004, 01:58:15 PM »
In Illinois v. Gates the USSC adopted the totality of the circumstances test for informant's information justifying a warrant.  The police received an anonymous letter that was used to justify a warrant.  The totality test allowed it because many of the items in the letter were verified, but the informant was never known or their reliability tested.

So an anonymous letter that was accurate in some respects justified a warrant.

What if the letter had come from the police to the police?  Let's say I'm a zealous cop who can't get a warrant for my case.  I write my department an anonymous letter with information that can be verified (like in Gates) and with enough incriminating information to justify the warrant I want.

Gates seems to encourage this.

Thank goodness Tennessee still uses the Agular/Spinelli test.
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jeffjoe

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Re: Constitutional Criminal Law with J. Smith
« Reply #21 on: December 16, 2004, 03:40:33 PM »
Quizzzzzzzzz

When can you arrest someone in their home without a warrant?
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jeffjoe

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Re: Constitutional Criminal Law with J. Smith
« Reply #22 on: December 21, 2004, 04:20:14 PM »
Mid term grades have been posted

A's -   6
B's -  27
C's -  25
D's -  17
F's -   9
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jeffjoe

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Re: Constitutional Criminal Law with J. Smith
« Reply #23 on: January 07, 2005, 04:01:04 PM »
Is it me or are things different in this class?  And don't ask me what I mean because I don't know.
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Slyone

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Re: Constitutional Criminal Law with J. Smith
« Reply #24 on: January 07, 2005, 05:03:12 PM »
I think it is "us" and the class and Judge Smith. I think people are much more relaxed and feel a little more comfortable offering opinions?
I feel reasonably more comfortable expressing my opinions (even if they are ignorant and polly anna ish)
I felt like a stooge last night talking about right to counsel...... :-\

Is it me or are things different in this class?  And don't ask me what I mean because I don't know.
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes