Directions: All question should be original work. All Sources must be correctly cited. All question must be answer entirely with the last paragraph giving your personal opinion. All question must be answer in 3-4 paragraphs in length. The last paragraph must express personal opinion. Each question should be save in its own word document. Times New Roman, 12pt, double space.
6.1 “Critical Legal Thinking Cases 6.1 Search and Seizure Bernardo Garcia had served time in jail for methamphetamine (meth) offenses. Upon release from prison, a person reported to the police that Garcia had brought meth to her and used it with her. Another person told police that Garcia bragged that he could manufacture meth in front of a police station without being caught. A store’s security video system recorded Garcia buying ingredients used in making meth. From someone else, the police learned that Garcia was driving a Ford Tempo. The police found the car parked on the street near where Garcia was staying. The police placed a GPS (global positioning system) tracking device underneath the rear bumper of the car so the device could receive and store satellite signals that indicate the device’s location. Using the device, the police learned that Garcia had been visiting a large tract of land. With permission of the owner of the land, the police conducted a search and discovered equipment and materials to manufacture meth. While the police were there, Garcia arrived in his car. The police had not obtained a search warrant authorizing them to place the GPS tracker on Garcia’s car. The government brought criminal charges against Garcia. At Garcia’s criminal trial in U.S. District Court, the evidence the police obtained using the GPS system was introduced. Based on this evidence, Garcia was found guilty of crimes related to the manufacture of meth. Garcia appealed to the U.S. Court of Appeals, arguing that the use of the GPS tracking system by the police was an unreasonable search, in violation of the Fourth Amendment to the Constitution. Does the police officers’ use of the GPS system without first obtaining a search warrant constitute an unreasonable search in violation of the Fourth Amendment? United States of America v. Garcia, Web 2007 U.S. App. Lexis 2272 (United States Court of Appeals for the Seventh Circuit)”
“6.5 Privilege Against Self-Incrimination John Doe was the owner of several sole proprietorship businesses. During the course of an investigation of corruption in awarding county and municipal contracts, a federal grand jury served several subpoenas on John Doe, demanding the production of certain business records. The subpoenas demanded the production of the following records: (1) general ledgers and journals, (2) invoices, (3) bank statements and canceled checks, (4) financial statements, (5) telephone company records, (6) safe deposit box records, and (7) copies of tax returns. John Doe filed a motion in federal court, seeking to quash the subpoenas, alleging that producing these business records would violate his Fifth Amendment privilege of not testifying against himself. Must John Doe disclose the records? United States v. John Doe, 465 U.S. 605, 104 S.Ct. 1237, 79 L Ed.2d 552, Web 1984 U.S. Lexis 169 (Supreme Court of the United States)”
 
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