Georgia v. Randolph Supreme Court Case, Arguments, Impact

In Georgia v. Randolph (2006), the U.S. Supreme Court found that evidence seized during an unwarranted search where two occupants are present but one objects to the search, cannot be used in court against the objecting occupant. Fast Facts: Georgia v. Randolph Case Argued: November 8, 2005Decision Issued: March 22, 2006Petitioner: GeorgiaRespondent: Scott Fitz RandolphKey Questions: If one roommate consents, but the other roommate actively objects to a search, can evidence from that search be deemed unlawful and suppressed in court with respect to the dissenting party?Majority: Justices Stevens, Kennedy, Souter, Ginsburg, BreyerDissenting: Justices Roberts, Scalia, Thomas, AlitoRuling: Officers cannot carry out a voluntary search of a residence if one resident consents but the other resident objects. Georgia v. Randolph only applies in instances when both residents are present. Facts of the Case In May 2001, Janet Randolph separated from her husband, Scott Randolph. She left her home in Americus, Georgia, with her son to spend some time with her parents. Two months later, she returned to the home she shared with Scott. On July 6, police received a call about a marital dispute at the Randolph residence. Janet told the police Scott was a drug addict and his financial problems had caused the initial strain on their marriage. She alleged there were drugs in the house. Police requested to search the premises for evidence of drug use. She consented. Scott Randolph refused. Janet led officers to the upstairs bedroom where they noticed a plastic straw with a white powdery substance around the rim. A sergeant seized the straw as evidence. Officers brought both of the Randolphs to the police station. Officers later returned with a warrant and seized more evidence of drug use. At trial, an attorney representing Scott Randolph motioned to suppress evidence from the search. The trial court denied the motion, finding that Janet Randolph had granted police authority to search a common space. The Georgia Court of Appeals reversed the trial court’s ruling. The Georgia Supreme Court affirmed and the U.S. Supreme Court granted a writ of certiorari. Constitutional Issues The Fourth Amendment allows officers to conduct an unwarranted search of private property if an occupant, present at the time of the search, grants permission. This is considered the â€Å"voluntary consent† exception to the Fourth Amendment warrant requirement. The Supreme Court granted certiorari to examine the legitimacy of a search and seizure of evidence when two occupants of one property are both present, but one expressly withholds consent to search and the other grants it. Can evidence seized from an unwarranted search in this situation be used in court? Arguments In separate briefs, attorneys for the United States and Georgia argued that the Supreme Court had already affirmed the ability of a third party with â€Å"common authority† to give consent to search shared property. People who choose to live in shared housing arrangements must bear the risk of their co-occupant consenting to a search of common space. The briefs noted that voluntary searches serve important societal interests like preventing the destruction of evidence. Attorneys representing Randolph argued that the state relied on cases in which both occupants were not present. A home is a private space. Regardless of whether it is shared with one or more occupants, it is specifically protected under the Fourth Amendment. Allowing one occupant to decide whether or not the police may search the property over another occupant, would be choosing to favor one persons Fourth Amendment protections over another, the attorneys argued. Majority Opinion Justice David Souter delivered the 5-4 decision. The Supreme Court held that police cannot conduct a warrantless search of shared living space over the express refusal of a resident, even though another resident has consented. The consent of one resident does not override the refusal of another resident if that resident is present at the time. Justice Souter looked to societal standards for shared residences in his majority opinion. The Court relied on the idea that there is no â€Å"hierarchy† within a shared living space.  If a guest stood at the door of a home and one of the residents invited the guest in but the other resident refused to let the guest inside, the guest would not reasonably believe it was a good decision to step into the home. The same should be true for a police officer attempting to gain entry to search without a warrant.   Justice Souter wrote: â€Å"Since the co-tenant wishing to open the door to a third party has no recognized authority in law or social practice to prevail over a present and objecting co-tenant, his disputed invitation, without more, gives a police officer no better claim to reasonableness in entering than the officer would have in the absence of any consent at all.† Dissenting Opinion Justice Clarence Thomas dissented, arguing that when Janet Randolph brought officers into her home to show them evidence of drug use, it should not be considered a search under the Fourth Amendment. Justice Thomas argued that Ms. Randolph could have turned over the same evidence on her own if officers had not knocked on her door. A police officer should not have to ignore evidence offered to them, he wrote. Chief Justice Roberts wrote a separate dissent, joined by Justice Scalia. Chief Justice Roberts believed the majoritys opinion might make it harder for police to intervene in cases of domestic violence. The abuser could deny police access to a shared residence, he argued. Furthermore, anyone who lives with other people must accept that they have a diminished expectation of privacy. Impact The ruling expanded upon U.S. v. Matlock in which the Supreme Court affirmed that an occupant could consent to an unwarranted search if the other occupant was not present. The Georgia v. Randolph ruling was challenged in 2013 through the Supreme Court case Fernandez v. California. The case asked the Court to determine whether one persons objection, who is not present at the time of a search, could overcome the consent of a person who is present. The Court held that the consent of a present co-tenant takes precedent over the objection of an absent co-tenant. Sources Georgia v. Randolph, 547 U.S. 103 (2006).Fernandez v. California, 571 U.S. (2014).United States v. Matlock, 415 U.S. 164 (1974).â€Å"Conflicted Consent When the Objecting Tenant Is Absent - Fernandez v. California.†Ã‚  Harvard Law Review, vol. 128, 10 Nov. 2014, pp. 241–250., harvardlawreview.org/2014/11/fernandez-v-california/.

The Origins Of The Viking - 2866 Words

The term Viking commonly relinquishes thoughts of ship-born warriors and pillagers known as the Norsemen, or men from the north, who originated in Scandinavia and raided the coasts of Britain, Ireland and mainland Europe as far east as the Volga River in Russia from the late 8th to 11th century. The terminology of the Viking has also been denoted by historians as entire populations of Viking Age Scandinavia and their settlements. Although the Norsemen are infamous for their pillaging and plundering they were also intensely focused on establishing sufficient trade routes throughout Europe and implementing economically sustainable villages with functional currency. Although the barbarian invasions undoubtedly deepened the initial economic crisis and the emergence of the barbarian kingdoms made traveling less safe which accelerated the collapse of long distance trade. At the same time also declining the importance of the cities as cultural and trade centers. The claim that the barbaria n invasions resulted in a long tenured period of general economic and cultural decline can be argued against with sufficient evidence. Considering the economic crisis started much earlier and could not be reversed neither by the reforms of Diocletian nor of Constantine. It was not until after this initial depression that the extensive trade routes of the Norsemen were able to redefine Europe economically and culturally. The established Norse trade network included trading relationshipsShow MoreRelatedThe Origins Of The Viking Era866 Words   |  4 PagesDuring the Viking Era, expansion to the west, as well as the east, introduced a new wave of technology, industrialization and development, and culture to the European world. The Viking’s expeditions to both were quite similar in that advancements stemmed from their adventures east and west. 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ICT has changed the way people live, work and communicate Free Essays

string(142) " Ministry of Education precedences is the development of Learning Resource Centre \( LRC \) in each school to supply information through ICT\." Information Communication Technology ( ICT ) has significantly changed the manner people live, work, communicate and learn. Therefore, ICT influences many parts of our plants and lives, every bit good as many of our free clip activities. The fact is it includes a assorted figure of tools like computing machines which help to better human life. We will write a custom essay sample on ICT has changed the way people live, work and communicate or any similar topic only for you Order Now In instruction to be more specific it has been proven that ICT is a really of import portion of instruction and acquisition procedure. ICT creates new signifiers of larning that can be customized to pupils demands. Using ICT tools, such as multimedia, e-mail, synergistic presentation, CD-ROM, computing machine simulations, computing machine lab and www-based resources, can form learning so that the pupils can command the acquisition procedure. Lessons that based on the scholars ‘ accomplishments can be designed in new and more effectual ways.A Enhancing collaborative activities among pupils utilizing networked computing machine labs. Students can discourse subjects specified by the teacher utilizing on-line treatment forums. Scientific surveies are going easier through computing machine simulations and ocular tools enable pupils to better understand constructs ( Morrison, Lowther and DeMeulle, 1999 ) . The integrating of ICT in the instruction sector is of import to run into the challenges presented by new tendencies, particularly with the planetary communicating of cognition. It is of import that the pupils become familiar with the construct and usage of ICT in order to fit them for future occupation market. Besides, the instructors can accomplish better quality in learning methods.A A 1.2 Education system in Saudi Arabia The primary instruction system began in Saudi Arabia in the thirtiess. By 1945, King Abdulaziz bin Abdelrahman Al-Saud, the state ‘s laminitis, had initiated an extended plan to set up schools in the Kingdom. Six old ages subsequently, in 1951, the state had 226 schools with 29,887 pupils. In 1954, the Ministry of Education was established, headed by so Prince Fahd bin Abdulaziz as the first Minister of Education. Primary, intermediate and secondary schools are handled by the Ministry of Education, but policies sing third instruction are handled by the Ministry of Higher Education, established in 1975 ( Ministry of Education, 2010 ) . The kindergarten in Saudi Arabia is non-mandatory. It starts when kids aged 3-6 old ages. Nurseries and kindergartens are supervised, established and developed by different sectors ; the private sector, the Ministry of Education, General Presidency for Girls Education, the Ministry of Labour and Social Affairs, Ministry of Health and governmental and private universities. The official instruction in Saudi Arabia starts from primary schools and above. A brief description for each phase is as follows: Primary schools in Saudi Arabia consist of six classs ( from age 6 to 12 ) . Get downing from this phase the male child and misss are separated in different schools. Middle schools in Saudi Arabia or intermediate schools consist of three classs ( from age 13-15 old ages old ) . In Saudi Arabia there are different sorts of secondary schools like general secondary schools, commercial, proficient and vocational secondary schools which are under The General Organization for Technical Education and Vocational Training. The general secondary schools consists of three classs 10, 11 and 12 ( from age 16-18 old ages old ) ( Ministry of Education, 2010 ) . 1.3 ICT in Saudi Arabia Developed and developing states have responded to the challenge by originating national plans to present computing machine engineering into instruction. Saudi Arabia made great paces in the countries of computing machine usage in instruction. With respect to the computing machine usage as learning stuff within the course of study of general instruction or its usage in the disposal of the educational procedure. Saudi Arabia takes the advantages of computing machines and introduced it in instruction since 1996 as a tool and course of study to heighten instruction system. Consequently, Computer labs have been established in secondary schools to learn computing machine scientific discipline as a topic. Many undertakings were implemented beside part from private sector to the airing of computing machine civilization in line with the Ministry of Education programs ( Computer and Information Centre, 2008 ) . The Ministry of Education ten-year strategic program was established in 2004. It stated that its Information and communicating engineering ( ICT ) end is to develop the substructure of information and communicating engineering and its employment in instruction and acquisition ( Computer and Information Centre, 2008 ) . This comprehensive program for the integrating of engineering in instruction, through many undertakings such as: King Abdullah Bin Abdul Aziz undertaking for the development of public instruction was in 2007. It has a budget of SR 9 billion and aimed to vouch the handiness of a extremely skilled and motivated work force in the hereafter. The undertaking will get down with making a hi-tech schoolroom environment in the Kingdom in six old ages. More than 400,000 instructors will be trained to manage categories in the hi-tech manner ( Ministry of Education, 2008 ) . The Ministry of Education in Saudi Arabia identified 39 stairss to implement this undertaking which includes course of study development, professional development programmes for instructors, betterment of the educational environment and the extra-curricular activities for pupils of the more than five million pupils ( Ministry of Education, 2007 ) . The execution of this undertaking required the readying of course of study, digital electronic books and educational elements of the course of study, and constructing proficient criterions integrating into the course of study, course of study development at all phases, get downing from primary through to secondary school. In fact, MOE identified nine stairss to better the educational environment including associating all schools through high-velocity digital communicating and supplying webs within schools with the necessary waiter, and supplying portable Personal computer ( laptop ) devices to each instructor for readyings and lessons. The Saudi authorities ‘s end is to intermix ICT with instruction ( Ministry of Education, 2007 ) . As a consequence, the Computer Based Labs undertaking has been established in schools across a scope of different engineerings. One of the Ministry of Education precedences is the development of Learning Resource Centre ( LRC ) in each school to supply information through ICT. You read "ICT has changed the way people live, work and communicate" in category "Essay examples" LRC purpose to supply appropriate acquisition environment that allows the scholar to take advantage of several different types of beginnings of acquisition and make self-learning chances and heighten his accomplishments in research and geographic expedition, enabling the instructor to follow the modern methods in the design of the lesson and develop stuffs, execution and rating. This twelvemonth is the 3rd stage of the constitution of Learning Resource Centre in the public schools. Therefore, this undertaking co ntributes to increase pupils ‘ technological civilization and the effectivity of lessons. Furthermore, the authorities encourages the investing in E-learning or â€Å" distance instruction † to supply instruction and preparation of national workers. In short, Saudi MOE gives precedence in heightening instruction and acquisition procedure and developing educational environment with all updated engineerings. 1.4 Statement of job The hereafter of the computing machine engineering as an educational tool which allows the interaction between the scholars and lesson, distinguishes computing machine engineering than the remainder of the educational tools that came before it. Furthermore, Banathy ( 1996 ) asserts that the integrating of computing machine engineering in learning and acquisition is an educational invention that touches all facets of a school system such as course of study, instructional patterns, learning schemes and techniques, schoolroom scenes, stuffs, resources, instructors ‘ preparation and professional development, appraisal, etc. Teachers are an of import factor in the execution of computing machine engineering integrating in instruction. Without the engagement of instructors, most pupils may non take advantage of all the available possible benefits of computing machine engineering on their ain. The educational system in Saudi Arabia keeps increasing the attending in recent old ages on developing instructors and course of study. Promoting the usage of modern learning AIDSs such as computing machines and develop instructors ‘ accomplishments. The Saudi Ministry of Education has launched ambitious programs to incorporate engineering in instruction, and attention was given to both instructors ‘ and pupils ‘ computing machine accomplishments, like set uping the Learning Resource Centres which to a great extent depending on computing machine engineering to supply information for scholars, computing machine labs and computerized scientific discipline labs to research its assorted applications in t he Fieldss of instruction ( Computer and Information Centre, 2008 ) . Teachers ‘ phases of concern about this invention are an of import component to promote instructor to incorporate computing machine engineering in their instruction. Without the cognition of instructors ‘ phase of concern in this invention it will be hard how to continue in the execution of computing machine engineering integrating in instruction and acquisition among instructors in Saudi Arabia. Furthermore, because instructors play cardinal function in the diffusion of educational invention it is indispensable to cognize their phase of concern about this invention while most of the surveies investigate instructors ‘ attitudes and degree of usage of computing machine engineering in learning and larning. Besides, teacher preparedness is a cardinal to measuring a instructor ‘s ability to originate, develop or follow a given invention ; it is utile for decision makers and pedagogues to understand instructors ‘ concerns, both before and during the execution stage of an invention ( Fullan, 1999 ) . Harmonizing to Hord, Rutherford, Huling-Austin, and Hall ( 1987 ) , alteration is best carried out by single instructors, and, therefore, placing instructor concerns about an invention is indispensable in easing the acceptance procedure and besides they recommended the usage of the Concerns-Based Adoption Model ( CBAM ) to steer invention execution to a successful point of acceptance. A few surveies about instructors ‘ phases of concern in The Arabic context like Al Shammari ( 2000 ) in his survey in instructors ‘ concern about computing machine engineering execution in the intermediate schools in Kuwait. He indicates that instructors with many old ages of experience expressed higher impact concerns, while instructors with few old ages of experience reported lower ego concerns. On the other manus most of the surveies focus on one learning country like scientific discipline instructors ( Dass,1997 ) , English instructors ( Aziz,2008 ) , computing machine instructors ( Al Shammari,2000 ) and societal surveies instructors ( Al-Aghbari,2007 ) . †¦ †¦ Therefore, the job of this survey is because of the deficiency of information sing Saudi secondary schools instructors ‘ phases of concern about the integrating of computing machine engineering in learning and acquisition. 1.5 Research aims The purpose of this research is to look into Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning. The research aims are: To place Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and acquisition. To place the differences between Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning in footings of learning experience. To place the differences between Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning in footings of country of learning country. 1.6 Research inquiries The information of this survey will be analyzed to reply the undermentioned inquiries: What is Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning? Is there a important difference between Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning in footings of learning experience? Is there a important difference between Saudi secondary school instructors ‘ phases of concern about the integrating of computing machine engineering in learning and larning in footings of learning country? 1.7 Significance of the survey Deriving an grasp of the instructors ‘ phases of concern about the integrating of computing machine engineering for learning and larning may supply utile penetrations into engineering integrating and use of engineering in learning and larning. It is expected that the consequences of the research will steer future research and development in the state and sketch the importance of the usage of information and communicating engineering in instruction for instructors, pupils, and decision-makers. Besides, this research will lend to the research on instructors ‘ concerns about the acceptance of an invention. The findings of this survey can assist the facilitators of alteration to do appropriate determinations on when and how to supply support to single instructors during the execution of ICT integrating in Saudi instruction. 1.8 Restrictions of the survey This survey is conducted with the undermentioned restrictions: it is applied in Saudi general secondary schools in Al-Hassa state. The private general secondary schools, the proficient and vocational establishments and the schools in rural country are non included in this survey. Another restriction of this survey that the sample is from the male childs ‘ Secondary schools instructors merely because the educational system in Saudi Arabia is gender-based. Data will be collected from Secondary schools instructors in Al-Hassa state in Saudi Arabia by utilizing lone Phases of Concern Questionnaire ( SoCQ ) as a study instrument of this survey. Therefore, the consequences from this survey can non be generalized to all the Saudi secondary schools. 1.9 Operational definitions Saudi Secondary school instructors: this refers to instructors who teach in the 3rd phase of general instruction system in Saudi Arabia. This phase consists of classs ( 10-11-12 ) where the pupils are in the age from age 16-18 old ages old. Teachers in this survey are in different learning countries. Computer engineering: This term refers to the full scope of digital hardware and package used to back up instruction and acquisition across the course of study, runing from desktops, laptops, handheld computing machines and applications, local web and the cyberspace to digital peripherals such as cameras, scanners and adaptative devices. It does non include older parallel media such as movies ( Centre for Applied Research in Technology Education, 2005 ) . The integrating of Computer engineering: The incorporation of engineering resource ( computing machines and specialised package, network-based communicating system and other equipment and substructure ) and technology-based pattern into day-to-day modus operandis, work and direction of schools ( Christensen,1997 ; US Department of Education,2002 ) . It refers to the usage of computing machine engineering to heighten instruction and better the pupils larning ( Baker, 2003 ) . Phases of concern: It refers to the phases of concern in CBAM which includes Awareness, Informational, Personal, Management, Consequences, Collaboration and Refocusing. How to cite ICT has changed the way people live, work and communicate, Essay examples