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Messerschmidt v. Miller

Messerschmidt v. Miller 


Issue:

(1) Whether police officers are entitled to qualified immunity when they obtained a facially valid warrant to search for firearms, firearm-related materials, and gang-related items in the residence of a gang member and felon who had threatened to kill his girlfriend and fired a sawed-off shotgun at her? (2) Whether United States v. Leon, 468 U.S. 897 (1984), and Malley v. Briggs, 475 U.S. 335 (1986), should be reconsidered or clarified?


Whether police officers were entitled to qualified immunity for executing a search warrant for firearms and evidence of gang activity in a home after a victim reported that the suspect had threatened her with a gun.




  November 4, 2003  Messerschmidt applied for a warrant to arrest Jerry Bowen and a warrant to search the suspect's house.  Messerschmidt made an affidavit( is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.) titled "statement probable cause".  The police were called to Jerry Bowen house to accompany his former spouse into the house to get her belongings so that Jerry Bowen could not harm her. After the officers on call accompanied her for about 20 minutes they had an emergency call to tend to and would return when the situation was taken care of. While the officers were gone, Jerry Bowen started assaulting his former spouse Shelly Kelly threatening her and using abusive language. Once Shelly kelly was able to break away from Jerry Bowen and make it into her car; Jerry Bowen disappeared and returned with a black sawed off shot gun. Jerry Bowen fired the gun 5 times only hitting the victim's left front tire of her car. Once Shelly Kelly got away from Jerry Bowen she approached the officers that was at her former residence and told them what happened. She told the officers that Jerry Bowen has a deadly weapon in his possession. 


From the information the officers got from Shelly Kelly they placed Jerry Bowen in a line up that contained 6 men. Shelly circled Bowen's picture without hesitation. Once Kelly identified Bowen personally the policed gathered information about him being a part of the Mona Park Crip Gang. 



"The Swat team broke into Bowen's home with the warrant & did not find him. Shortly after that, Jerry Bowen was arrested after found hiding under a bed in a motel. "But the affidavit does not set forth any evidence indicating that Bowen owned or used other firearms, that such firearms were contraband or evidence of a crime, or that such firearms were likely to be present at the Millenders' residence"

Nothing was found in the warrant or affidavit says there was probable cause to search or seize the firearms that were listed on the warrant. Probable cause did not exist. 

The officers could not prove that the affidavit was attached to the warrant.

Messerschmidt did not use the affidavit at the Millenders' residence to provide more specific direction to the investigators who searched the house

Rather, they seized Augusta Millender's shotgun, which did not resemble the firearm described by Kelly: it had a wooden stock and was neither sawed-off nor had a pistol grip.

" the deputies had probable cause to search for a single, identified weapon, whether assembled or disassembled. They had no probable cause to search for the broad class of firearms and firearm-related materials described in the warrant."

The officers tried to argue in court that Jerry Bowen was seen with this firearm, is very dangerous and is part of a gang so they had probable cause to search for other items inside his house.


The officers were  qualified for immunity. 


Other related cases:

United States v. Leon 

Ewing v. City of Stockton

Ortiz v. Van Auken

Malley v. Briggs 

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(nombre del mural) por (el nombre de la o del artista)

Tu post tiene que incluir:

una foto de tu mural                 

Ubicado en:                                     (location)                                   

3 cosas que este mural revela sobre la comunidad

- 2 objetos, imagenes, frases o palabras encontrados en el mural

1 razón que es significativo para esta comunidad

TAGS: MAPTour2011

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Army Enlisting Process by Ian McClendon and Tim Mamrol

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Link for LucidChart

Tim and I decided to create a chart process of Enlisting for Active Army Duty. Of course this is a time consuming process which takes devotion and dedication is you are serious about joining the Army. There are many meetings to go to and test's to take to prove yourself but in the end it's when you are suited up and looking in the mirror as an United States Army Recruit. From my research there are many requirements and qualifications for serving but the M.E.P.S is the organization that can curve the paperwork to suit your needs of contributing in the Army 
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Qyidir and Sam flow chart

 In order to become a teacher you have to go to college, then get certified as a teacher by the state.

 The paper work was really straightforward once we found it!

 I wouldn’t make you have to become a student teacher before becoming a real one.

So that when you become a teacher you will know what you doing.

 

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Pen Pal Letter

Querida Auriana, 

 

Me llamo Rachel. Yo tengo catorce anos y Mi cumpleaños es el donce de abril.  Soy de Florida pero vivo en Filadelfia.  Yo soy rubia y mas ó menos baja. Yo soy inteligente, simpática, divertida y cómica. 

Me gusta la música la pop, rock y country.  Me gusta comida China y la pizza.  Me gusta deporte karate y futbol. Me no gusta música la rap, el jazz y clásica.  Me no gusta comida Italiana y Mexicana.  Me no gusta deporte futbol americana.

¿Cómo eres tu? ¿Cuándo es cumpleaños? ¿Cómo estas? ¿Qué te gustas?  ¿ Que tempo hace hoy?

Adios

Rachel Atias

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Internet sculpture (tech jewelry)

Browsing the internet for craft ideas, I found some pictures of jewelry made using old computer parts.  I decided it looked amazing and wanted to make some myself.  People have used computer parts to make other things, too, like desk organizers, furniture, and in one case even a hamster cage, but I thought jewelry would be best because I have enough furniture, my desk clutter is beyond help and I don't have a hamster.  Also, jewelry is easy to transport between school and my house, it's hard to screw up, and I can make the product fit the materials I have instead of the other way around.
As I was trying to get my hands on a computer whose owner would approve of me permanently disassembling it, I imagined writing in my artist's statement that the hardest part of the project was simply gathering the materials.  It wasn't.  I put up notices on Craigslist and Freecycle saying I was looking for old computer parts and eventually a woman on Freecycle offered me an old printer.  Without really considering how much the average printer weighs, I walked to One Logan Square to pick it up.  Even taking a bus more than halfway back, I had to constantly stop and rest on the way home.
I thought the hard part was over.  I brought it to school the next day, a Wednesday, (in a rolling suitcase) so that I could take it apart with Mr. VK's tools (a pair of pliers and two screwdrivers) while the school stayed open for report card conferences.  I spent a good three hours sitting in the third-floor ballroom taking the printer apart while parents waited around giving me strange looks.  The ink didn't come off my hands for days.
The next day I once again took advantage of the half-day and conferences to work in the third-floor ballroom with VK's tools, this time taking apart just the cool-looking pieces so I could use them.  The biggest challenge was cutting the motherboard up into pieces.  Motherboards primarily consist of fiberglass, copper, and epoxy resin, but there are many attached components such as memory cards and connectors to other parts of the machine that are impossible to cut through except with tools that VK probably wouldn't let me use even if he had.  I removed as many of the attached components as I could with the pliers before deciding how to cut the motherboard.  I used a pen to draw outlines on the smoother "back" of the motherboard.  I had to keep in mind what kinds of jewelry I wanted to make, where the holes were on the motherboard (I could probably have made holes in it with a screwdriver, but they would have looked messy, so I preferred to use the ready-made holes), and what parts would be easy or hard to cut.
Again, I spent about three hours working before my mother insisted I come home.  I hadn't finished cutting the motherboard so I used my own scissors, which worked somewhat but caused the edges to crumble and get lots of dust everywhere.  Aside from the motherboard, I'd brought home some plastic gears colored wires that I thought I could use.  The wires ended up being hard to work with so I gave up on using them.  Fortunately I have my own hot glue gun and jewelry materials (cord, clasps, earring hooks and bobbi pins) so I managed to finish everything at home.
By the time I was done I was sleep-deprived, my arms were sore, my fingers were sore, my hands were covered in ink, and I'd probably breathed a lot of unhealthy chemicals, but honestly the whole project was incredibly fun.  I'd never done anything like it before, so even though it didn't go as I'd expected I really enjoyed it.

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How to Become a Foster Parent

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​For this project, Anna and I decided to show the process on how to become a foster parent. When doing research, we learned that the process to becoming a foster parent is very complex and the requirements depend on what kind of child you'd wish to adopt and how your living situation is. Most of our information came form Anna'a aunt who recently become a foster parent for two young children. She gave us a step-by-step list on what needed to be done and also copies of the paperwork needed. 

The majority of the process to become a foster parent dealt with paperwork and filling out all different types of forms. We needed to fill out paperwork from financial information to the types of shots our pets received. Most of the paperwork was straightforward and started to become redundant. Most of the forms asked for the same thing, such as name, social security number and who lives in the household and your marital status. 

If I personally could change anything about the actual process, I would probably change the fact that classes need to be taken. When someone becomes a parent by giving birth, they aren't told to take classes to learn how to be a good parent. By telling people who want to become a foster parent to take classes, it kind of tells them that they might not know what they're doing. If I were to change anything about the flowchart we made, I would make it so that it was more detailed and went off in different directions depending on if you couldn't fill out the paperwork correctly. 

Becoming a foster parent is a very complex process and I believe it should be that way. These children are in foster care for a reason and finding them a "perfect" home to live in is necessary. All this paperwork and background checks need to be made because the government i placing these children somewhere and making a mistake like giving them to a worse family would be wrong. 
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Lobbying Post #3: College Tuition


This is a bad year for the relationship between college students and the government. Students are frustrated with the constant  increase of tuition prices. It has reached a piont where they feel as if the only way to change their predicament , or at least get a more immediate attention to it, is to protest. This usually leads to violence or arrest for students students, which is good for no one. So far there has been little news about anything changing in favor of the students.

For private institutions trustee board members are the people who carry the authority when it comes to tuition increases. However, for state colleges if little funding is given from the government, increases are inevitable. To change anything, I believe, the support of state officials are needed, they would most likely be them most accessible  To attempt to try and plead the the U.S. Department of Education to fight for education to be seen as more of a priority.Students around the country are protesting the constant rising of their tuition prices.

I believe to make any type of change college students must really look to who is in what  office in their local areas, more specifically who is their state representative. Students should come together and try and contact their representative to get this issue addresses and to ask what should they be doing to really change their predicament besides protesting or just dropping out. Hopefully by doing this there will be more done about this within the next year or so. If not college may be too far out of reach financially, for many high school students in America.

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Nomi Martin-Brouillette Second Slide

For my second slide, I reinvented everything. I started from scratch. I put a picture in the center of my slide, because that is what someone who is looking at this's eye will be drawn to first. I put a quote on top, and then added the people on the bottom to provide balance to the slide. I used the same color's through out the slide. My color palate included white, green and black. The earth in the middle gave a contrast and helped the colors blend together nicely. Everything I put on the slide was purposely placed to provide a sense of unity. 
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Receiving A License To Carry A Concealed Weapon In Philadelphia.

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Semaj and I chose to partner up to apply for a license to carry a concealed firearm in Philadelphia. I thought this process would be a hard one but to be truthful it turned out to be more easer than we both thought. All it really took was time research and paper work.

 

All we really had to do was google apply for a license to carry a concealed firearm in Philadelphia and it come rite up paper work in all. We found out that all you really needed to do was fill out papers and supply a few documents. We printed out our papers and filled them out the way we would if we were to actually apply for the license.

 

The paperwork part was no hassle at all. When we printed them all out we used fake names and numbers that was need. We did this to show that we knew how to fill these out just like we would in real life.  

 

If I could change one thing about the bureaucratic process I would have to change the fact that if you answer one question yes then there is no need to proceed because your not eligible and I think that it not fair really because you really never know anyone’s situation to just go off of a yes or no question.

 

I think the systems have become so complicated because there are a lot more issues and details that need to be addressed within our society so to try to ensure the safety and simplicity of our society certain precautions need to be made to make the jobs of people in the system easier. Not only easier but also safer self-defense and protection is so important because people now a days are really crazy.

 

I found this project fun and interesting just like my partner but I think she had more fun with it. It took me a few to truly understand the processes but with her help I caught on very fast and once I got it I was on the ball and I good to go and that is when it became fun and interesting. 


Here's the link to our actual FlowChart. 
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Applying to become a Foster Parent- Anna Roman

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My group member, Shelby, and I worked on the process of becoming a foster parent. Since we couldn’t find to much about the process online I emailed my aunt, who was a foster parent and went through all of this process before, and she was able to contact the foster care agency she went through and they sent us a bunch of information and paper work for becoming a foster parent. Once we got all of that information we were able to start recording the process and filling out the paper work.

The paper work wasn’t really difficult but just asked for a lot of information. It was not just one packet of question or information you had to fill out but there were several papers and packets that we had to fill out. Some of them were basic information one but also ones that talked about your house appliances and how they worked as well as criminal and FBI clearance forms. The paper work also included the different things you would have to send to let them know your certifications, for example, if you CPR certified you would have to send them proof of it.

If we had to change the bureaucratic process flow chart that we made, we could possibly of made it longer like more detailed in places. When we talked about the list of requirements we could of made a bubble for each individual one and talked about the yes and no’s of those as well. But I was happy with how ours came out.

Going back to how detailed the paper work had to be and also how long the process is to become a foster parent, it shows how protected they have made the foster care system. Becoming a foster parent isn’t like applying for a driver’s license, well fare, or anything along those lines. There is a child involved in this process. So before they just give a child to someone they really have to do a background check on who the person and family is so they know that when they let the child stay with this family or person that the child is safe and will be taken care of. The process is a pain in the booty, but it makes sense why it is so long and detailed.


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Hip Hop/Breakdancing Club

HEYYY GUYSS!!
I know that everybody has a talent in dancing 
We are starting a club that has to do with hip hop and breakdancing 
I was wondering do anybody want to join 
Also, if you want to learn
we will teach you
its the best time to show your TALENTS 
If you have any question PLease 
contact me at achen@scienceleadership.org!!!!


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Q2 Media Fluency

Slide
My slide contains many of the skills taught on the Presentation Zen and Slide Design website. I incorporated enlarged size to grasp attention. The concept “One slide, one point” was an idea I remembered when creating the slide. I left empty space, as recommended in Presentation Zen to put focus on what I believe was important. Finally, I gave a visual theme by having the font of the quote coincide with the border of the slide.
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Gabriel Musselman Slide 2

Tech Slide
In this slide, I demonstrated the use of bleeding, color contrast, and size comparison. I used neon colors against a black background to make them pop off of the screen. I also used other techniques; i.e. the burst of neon blue in place of the dotted "i".
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Brian Birkmire

In this slide I demonstrate color contrast. I wanted to keep the slide simple, so I color coordinated the quote with colors that would go right with the picture. Since the quote had the same word I colored that word because it's so important to the quote and it makes the quote pop.
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Lobby Against Fracking (#3)

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    Hydraulic fracturing is being opposed by 78 percent of elected officials who have had a say in what companies are going to drill in our waters. Although this is the case, these companies are still drilling. How could this be the case? That is what Iris Marie Bloom, director of Protecting Our Waters has asked numerous times. Unlike many politicians, Bloom has a clear following and is pushing forward every possible obstacle at the drilling companies to get them out of Philadelphia's waterways. Iris Marie Bloom has held steady protests throughout the city since July of 2010 to get her point across, averaging a turnout of nearly six thousand people each protest.
    At each of her protests, Bloom brings together nearly sixty five organizations that have their targets set on removing drills from waters around Pennsylvania and other states. While the protesters realize that these companies have contracts within the city and would lose large amount of money by withdrawing from their projects, they still refuse to acknowledge any environmental or health risks. In the case of hydraulic fracturing, the cons vastly outweigh the pros and no matter the cost of the drilling companies, the drilling must be stopped soon enough.
    While big name protestors like Iris Bloom and Tracy Carluccio have important roles in removing drilling companies like Marcellus Shale and others, the real influencers of these drilling companies are the citizens that come out to these protests and have felt the affects of fracking.

Click Here to send a delightful postcard to Governor Tom Corbett.

    Many students, including in this class are focused on putting a stop to tracking within Pennsylvania's boundaries. Ali Ahmed and Rashaun Williams are just two of the students who are taking a stance on the fight against fracking. Together, we would red to influence Governor Tom Corbett and even the White House to fight for our cause to get something done about the pollution in our waters. So far, millions of petitions have been sent to Barack Obama's federal representative demanding a "No" vote against fracking.
    We are already out of time, as tracking has been polluting our waters for nearly fifty years now, and while it has more recently inhabited Philadelphia it has plunged the city's drinking water from the fifth on the leader board to dead last in terms of cleanliness. In the past three years the water in Philly has been utterly destroyed by chemicals. Meanwhile, we're all drinking it.

If you still don't understand hydraulic fracturing, this great song should help you out.
PowerShift 2011 by David Turnbull
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