Legal Discovery Memo free essay sample

I have also presented some additional matters for you to consider and some questions I would like you to think about that will hopefully assist your case. In some cases, courts will determine what is legitimate expectation of privacy when resolving disputes the Fourth Amendment protects people from unreasonable searches and seizures. This standard is applied when a Fourth Amendment applies only where an individual has a reasonable expectation of privacy in the place searched or the items seized. There is the presumption that a guest in a hotel or motel room has a reasonable expectation of privacy. However, this presumption may be overcome, a guest generally does not have a reasonable expectation of privacy in his hotel room after the rental period has terminated. Therefore, if the court finds that either of these conditions has been met, the court may determine if an individual has a reasonable expectation of privacy in a hotel room past check out time. We will write a custom essay sample on Legal Discovery Memo or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As I stated above, a guest whose rental period has expired may still have a reasonable expectation of privacy. In order to make such a determination, the court takes into consideration various factors including [a] guest may still have a legitimate expectation of privacy even after his rental period has terminated, if there is a pattern or practice which would make that expectation reasonable. The court also considers the acknowledged that a warrantless search immediately after checkout time would be improper if the hotel, as most hotels do, had a pattern or practice of allowing guests some leeway regarding the checkout time. In making this determination, the court takes into consideration such factors as the length of time after check out, the check out policy of the hotel/motel, as well as the methods of law enforcement. The court also weighs the time that has elapsed since the guest checked in and paid for intended stay parent is also taken into consideration. There are several court cases that can assist us in understanding how the courts apply these factors. In one particular case parent is also taken into consideration. In this case, the defendant paying $28. 5 for a one night single occupancy stay; he failed to check out by the regular checkout time which was 12:00 p. m. the next day. This arrangement eventually resulted in the defendants companion deposited $100 with the front desk clerk as advance rental payment on the defendants account. The defendant believed that the $100 deposit, together with his initial $28. 45 payment, would secure for him the $106. 00 per week rental rate in lieu of the h igher daily rate. When the defendant was arrested after a report stated that his vehicle was stolen. The officers returned to his room to get his companion out of the room. Additionally, a complete search of the room was ordered without a warrant. Inside a closed dresser drawer the officers found a cloth bag secured at the top with a draw string. They opened the closed bag and found over two ounces of cocaine. As a result, the court found that the above factors constituted the defendants had a reasonable expectation of privacy in the motel room for three reasons. First, a few days earlier, when the defendant had stayed past check-out time, instead of evicting him the hotel permitted him to extend his stay and pay for the additional term of occupancy. Second, the manager testified that it was the motels policy to ask those guests staying past checkout time whether they would be leaving or extending their stay. It was not the motels policy to evict guests who were staying past checkout time for brief periods. Third, the defendant had given the hotel a large cash deposit, which may have led him to believe that he was paid up through the rest of the week. In another case, the court determined that although a reasonable expectation of privacy did exist in a motel room after check-out time, that expectation of privacy had been extinguished prior to the officers entering the room. The defendants began renting a room at the New Otani Hotel. The hotel left a message on the voice mail in the defendants room, reminding them of the noon checkout time. One defendant left the hotel before noon. However, shortly after noon, the executive housekeeper knocked on the door of the room to inquire when the remaining defendant would be checking out. The remaining defendant told her that he intended to stay until 12:30 p. m. The housekeeper told remaining defendant OK and said that she would tell the front desk. At 12:40 p. m. , the manager and six officers knocked on the room door and told remaining defendant that he was there to evict him. At that point, the police arrested remaining defendant and a search of his person yielded a baggie containing a substance resembling crystal methamphetamine. The court found that while the remaining defendant had a reasonable expectation of privacy beyond the noon check-out time, that expectation of privacy lasted only until 12:30 p. m. which was prior to the officers entering the room at 12:40 p. m. The court also found that the hotel practices extended the remaining defendant expectation of privacy in the room past check-out time but only until 12:30 p. m. Also, the housekeeper testified that the reason why the housekeeping staff did not tell guests to leave immediately at noon is because thirty minutes is . . . not that much difference. Thus, although the New Otani permits guests some leeway with respect to checkout time, the leeway time is limited. Further, the record supports the finding that remaining defendant stated only that he planned to remain in the room until 12:30 p. . The court also found that one of the defendants had left the room already. Finally, the hotels 10 a. m. reminder call of the checkout time, and the housekeepers noon visit, put the remaining defendant on notice that any extension past noon would be of limited duration. Therefore, it was determined that expectation of privacy had been extinguished prior to the officers entering the room. In yet anothe r case, the defendants did not have a reasonable expectation of privacy in their hotel room an hour after checkout time. The defendants were guests at a motel and that the guests were in the room past the 11:00 a. m. check-out time. At about 12:30 p. m. , with the managers consent, the officers went to the room to tell the occupants to either vacate the room or pay for an additional night. Just as the officers arrived at the room, the door opened and two individuals exited. While the door was open, one of the officers noticed one of the occupants of the room run into the bathroom. The officer entered the bathroom and noticed a vial of what he believed to be crack cocaine in plain view. The officer arrested the defendants and during a search incident to the arrest, the officers found a sock containing bags with crack cocaine. The court found that that in this case, there was no reasonable expectation of privacy for the following reasons. First, the defendants did not have a pattern or practice of staying past check-out time. Second, the motel had a strict policy of enforcing checkout times. The policy states that all guests must check out by 11:00 a. m. The manager testified that if guests do not check out by 11:30 a. m. the hotel contacts them and requests that they re-register or leave. The manager also testified that he has entered rooms and evicted the occupants when they stayed past 11:30 a. m. In addition, the manager testified that on several occasions he has called the police to assist him in evicting individuals who have stayed past 11:30 a. m. without paying for an additional night. It is important that you think about the factors the court considers, and how they apply to your case. We should continue to discuss the impact of witness testimony. Also, we should explore whether the motel had a policy to ask guests staying past checkout time whether they would be leaving or extending their stay and it was not the motels policy to evict guests who were staying past checkout time for brief periods. For instance, individuals stayed in your room for only five to ten minutes and left. A list of all individuals that visited and their length of stay would help determine your defense and set up a timeline of events? Please call and set up a time for us to meet so that we can further discuss your case. Sincerely, Shannon Yonkers Paralegal SSY/ssy

America and the Cuban Missile Crisis essays

America and the Cuban Missile Crisis essays America has been in its share of conflicts throughout history, but none have been as close to disaster as the Cuban missile crisis. The United States was on the verge of invading Cuba where the Soviet Union was ready to defend themselves with nuclear weapons. The United States was well ahead of the Soviet Union in warfare in the early 1960s. While the Soviets could only strike Europe with its missiles, the US could go overseas with ours. Premier Nikita Khrushchev then decided to put short-range nuclear weapons in Cuba. This move allowed the Soviets to double their potential in warfare and made it tougher for the United States to have an advantage in war. With Fidel Castro looking for a way to defend its self against the United States, it was an easy fit to have the Soviets come in. On October 15, 1962, it was shown on reconnaissance photos that the missiles had been put into place. President John F. Kennedy then put together a group called EXCOMM. The group was comprised of twelve a dvisors that were sent to handle the crisis. The next seven days were spent trying to decide what to do with this group and the higher up officials in the government. The group then decided to put a naval quarantine around Cuba. The quarantine was to prevent any more weapons of mass destruction from entering the country. Kennedy then made a public address and said that any attack from Cuba would be a direct attack on the United States by the Soviet Union. Kennedy added that the United States was against any new arrivals of weapons into Cuba. The Soviets had forty-two medium or MRBM missiles, 24 intermediate or IRBM missiles, and twenty-two thousand soldiers in Cuba when the Central Intelligence Agency was able to discover them. While the main reason for the missiles was to even the playing field with the United States, many believe the Soviets had other motives for them. Some of these include cold war politics, credibility in the world, and bargaining barte...

Ida B. Wells and Her Anti-Lynching Campaign

Ida B. Wells and Her Anti-Lynching Campaign African-American journalist Ida B. Wells went to heroic lengths in the late 1890s to document the horrifying practice of lynching blacks. Her groundbreaking work, which included collecting statistics in a practice that today is called data journalism, established that the lawless killing of blacks was a systematic practice, especially in the South in the era following Reconstruction. Wells became deeply interested in the lynching problem after three black businessmen she knew were killed by a white mob outside Memphis, Tennessee, in 1892. For the next four decades she would devote her life, often at great personal risk, to campaigning against lynching. At one point a newspaper she owned was burned by a white mob. And she was certainly no stranger to death threats. Yet she doggedly reported on lynchings and made the subject of lynching a topic which American society could not ignore. Early Life Ida B. Wells was born into slavery on July 16, 1862, in Holly Springs, Mississippi. She was the eldest of eight children. Following the end of the Civil War, her father, who as a slave had been the carpenter on a plantation, was active in Reconstruction period politics in Mississippi. When Ida was young she was educated in a local school, though her education was interrupted when both her parents died in a yellow fever epidemic when she was 16. She had to take care of her siblings, and she moved with them to Memphis, Tennessee, to live with an aunt. In Memphis, Wells found work as a teacher. And she resolved to become an activist when, on May 4, 1884, she was ordered to leave her seat on a streetcar and move to a segregated car. She refused and was ejected from the train.   She began to write about her experiences, and became affiliated with The Living Way, a newspaper published by African-Americans. In 1892 she became the co-owner of a small newspaper for African-Americans in Memphis, the Free Speech. The Anti-Lynching Campaign The horrendous practice of lynching had become widespread in the South in the decades following the Civil War. And it hit home for Ida B. Wells in March 1892 when three young African-American businessmen she knew in Memphis were abducted by a mob and murdered. Wells resolved to document the lynchings in the South, and to speak out in hopes of ending the practice. She began advocating for the black citizens of Memphis to move to the West, and she urged boycotts of segregated streetcars. By challenging the white power structure, she became a target. And in May 1892 the office of her newspaper, the Free Speech, was attacked by a white mob and burned.   She continued her work documenting lynchings. She traveled to England in 1893 and 1894, and spoke at many public meetings about the conditions in the American South. She was, of course, attacked for that at home. A Texas newspaper called her an adventuress, and the governor of Georgia even claimed that she was a stooge for international businessmen trying to get people to boycott the South and do business in the American West. In 1894 she returned to America and embarked on a speaking tour. An address she gave in Brooklyn, New York, on December 10, 1894, was covered in the New York Times. The report noted that Wells had been welcomed by a local chapter of the Anti-Lynching Society, and a letter from Frederick Douglass, regretting that he couldnt attend, had been read. The New York Times reported on her speech: During the present year, she said, no less than 206 lynchings had taken place. They were not only on the increase, she declared, but were becoming intensified in their barbarism and boldness. She said that lynchings that formerly took place at night were now in some cases actually perpetrated in the broad daylight, and more than that, photographs were taken of the atrocious crime, and were sold as souvenirs of the occasion. In some instances, Miss Wells said, the victims were burned as a sort of diversion. She said that the Christian and moral forces of the country were now required to revolutionize public sentiment. In 1895 Wells published a landmark book, A Red Record: Tabulated Statistics and Alleged Causes of Lynchings In the United States. In a sense, Wells practiced what today is often lauded as data journalism, as she scrupulously kept records and was able to document the large numbers of lynchings which were taking place in America. Personal Life In 1895 Wells married Ferdinand Barnett, an editor and lawyer in Chicago. They lived in Chicago and had four children. Wells continued her journalism, and often published articles on the subject of lynching and civil rights for African-Americans. She became involved in local politics in Chicago and also with the nationwide drive for womens suffrage. Ida B. Wells died on March 25, 1931. Though her campaign against lynching did not stop the practice, her groundbreaking reporting and writing on the subject was a milestone in American journalism. Belated Honors At the time Ida B. Wells died she had faded from public view somewhat, and major newspapers did not note her passing. In March 2018, as part of a project to highlight women who had been overlooked, the New York Times published a belated obituary of Ida B. Wells. There has also been a movement to honor Wells with a statue in the Chicago neighborhood where she lived. And in June 2018 the Chicago city government voted to honor Wells by naming a street for her.

Term paper Essay Example | Topics and Well Written Essays - 1750 words - 3

Term paper - Essay Example When my team leader assigned me the task, I became utterly conscious about it to complete as I never wanted my team to suffer. The very thought of working as a team inculcated a sense of responsibility in me to complete the task to the best of my ability. I interacted with Ahmed and Lam, the other two members of my team under the guidance and leadership of Khalied and discussed how we can support each other and accomplish each task in time. Lam due to his preoccupation in study and illness in the family was little reluctant to devote sufficient time; however, I and Ahmed decided to partially share Lam’s task as and when necessary. Lam in turn assured us that he would also reciprocate the gesture and share the responsibility when any of us would need him in our dire time. Khalied also agreed with the arrangement. With the procedural instruction received from the team leader, task progressed in right direction and we achieved 50 percent completion of the project but then due to perception differences or lack of clarity, subsequent steps of the task took diversion. This led to the duplication of the work; however, due to our frequent interactions we could soon realize this lapse in our understanding of the task and corrected ourselves. Since that day we decided to put everything in black and white so that such lapses could be avoided. We communicated and began giving briefing to each other through emails and instant messaging so that no communication gaps prevail. Due to Sam’s infrequent participation, Ahmed and I were sharing his share of work with good understanding. We assessed the task once again and discussed among ourselves how we need to go ahead for the remaining project so that lost time is recovered and the task is completed before deadline. In the beginning, project milestone s were not set but once we

World War II Through the 1970s Coursework Example | Topics and Well Written Essays - 1250 words

World War II Through the 1970s - Coursework Example Additionally, both led to significant developments in the American perspective like sympathy for the incoming president, as well as finding pride in their potent military. 2. The second World War was originally a European conflict. Americans were hesitant to become involved due to a variety of reasons that are discussed below, resulting in a high sense of tension when the country did enter formal battle after the Pearl Harbor attack (Schultz, 2009). The United States had become concerned with Japanese conquests of the Pacific during the war, and this attack proved to be the tipping point for an official American declaration and entry into WWII. Of course, this eventually led to the dropping of the first atomic bombs, and the cessation of fighting at a tremendous cost of human life. These events helped to establish the US as a freedom fighting, militarily dominant international force, and serve as a source of both pride and mourning in American culture. The clear racism displayed by t he Nazis pushed American standards away from assimilation and toward tolerance, laying the ground for civil rights movements. WWII also served as an important revitalization point for many national industries as massive amounts of resources became of use. This economic boon would continue to fuel the American society for decades. JFK was an extremely popular president, displaying charisma in public (Grubbs, 2013), along with a staunch political opposition to communism. This was an especially important quality given the events of the Cold War, and the symbolism that Kennedy represented (freedom, capitalism, etc.) was attuned to the emerging American mindset. JFK's time as president was not without incident, as the Bay of Pigs proved to be an especially embarrassing mark on his career, but his successes are much more apparent. Some of Kennedy's best work includes guiding the country through the Cuban Missile Crisis, and helping to grow the civil rights movement. In November of 1963, J ohn F. Kennedy was assassinated during a motorcade through Dallas, Texas. The event has become so salient in the American consciousness, that it has spawned countless conspiracy theories, pieces of art, popular culture references, and a country-wide awareness of the former president that has also spread among other countries. Kennedy was replaced by a starkly contrasting figure in Lyndon Johnson, changing the course of US politics to focus on the economy and education, but remaining influenced by JFK's legacy. 3. As wars raged in the late 1930s, the United States sought to remain uninvolved in military affairs. The government was concerned with the aggressive actions like Germany, Italy, and Japan, but did not feel it was wise to risk the losses associated with armed combat that were still fresh in the mind from WWI and instead imposed harsh embargoes where appropriate. The depression had pushed the country towards isolation, and they sought to remain this way as economic rebuilding continued. Darker reasons for staying out of the war included a misguided American respect for Hitler, who had pulled Germany out of their own depression, and the uncertainty of public opinion about antisemitism. 4. Victory in WWII would not have been possible without the efforts of American women. The vast number of men called to war left an equally large shortage in the national worker population. Women soon filled these positions as the government campaigned to sway employer attitudes toward hiring female workers, and women became determined to contribute (Capshew & Laszlo, 2010). The domestic economy

Cognitive Explanations of Depression

Cognitive Explanations of Depression The cognitive explanation of depression basically rests the idea that disorders happen because of faulty thinking. There are other explanations for depression, and other treatments. The cognitive approach assumes that behaviours are controlled by thoughts and beliefs. Therefore irrational thoughts and beliefs cause abnormal behaviours. There are many different models that help to explain how irrational thoughts can lead to depression. Examples are: Elliss ABC model This ABC three stage model was proposed by Ellis in 1962. This model claims that disorders start off with an activating event (A) for example failing an exam, which then leads to a belief (B) about why this happened. The belief can either be rational or irrational. A rational belief would be like for example I didnt prepare well enough whereas an irrational belief would be Im too stupid to pass exams. These beliefs then lead to consequences (C). According to Ellis, rational beliefs lead to healthy emotional outcomes and produce adaptive consequences like for example more revision needs to be done, whereas on the other hand irrational beliefs lead to unhealthy emotional outcomes and produce maladaptive consequences, including depression. Here is the flow chart of Elliss ABC model: Becks negative triad Beck (1963) developed a cognitive explanation for mental disorders, but focussed it on depression. He believed that individuals who are depressed feel as they do due to their thinking being biased towards negative interpretations of the world and lacking a perceived sense of control. Beck then identified a negative triad which was a cognitive approach of understanding depression, focusing on how negative expectations (schema) about themselves (e.g. I cant succeed at anything), the world (e.g. I must be successful to be a good person) and the future (e.g. nothing will ever change) lead to depression. Beck then claimed that negative schemas may be acquired in an individuals childhood due to a traumatic event. Experiences that might contribute to negative schemas include parental rejection, bullying at school, and the death of a sibling. People with negative schemas become prone to making logical errors in their thinking and they usually focus selectively on certai n points within a situation going on while ignoring the relevant information. Cognitive behaviour therapy (CBT) is an effective treatment for all mental health problems including depression. CBT is based on the idea that how we think (cognition), how we feel (emotion) and how we act (behavior) all interact together. Basically, our thoughts determine our feelings and our behavior. It is the idea that patients learn how to notice negative thoughts when they have them, and then test how accurate they are. During CBT, what generally happens is: The therapist and patient identify the patients faulty cognitions. The therapist then tries to help the patient see that these faulty cognitions are not true, for example that the patient does not always fail on anything they do. Both the therapist and patient then set goals to think in a more positive perspective or adaptive ways, for example focusing on things the patient has succeeded in and trying to build on them. Even though the patient may sometimes need to glance back to past experiences, the CBT mainly focuses on the current situation. Therapists sometimes encourage their patient to keep track of a diary so that they are able to accurately record their feelings, actions and patterns. CBT differs from other depressions treatments because it focuses on specific problems for a patient and is goal orientated. Along with this cognitive behaviour treatment is educational too because therapists use structured learning experiences that teach the patient to monitor and write down their mental images and negative thoughts. Furthermore, cognitive therapy helps individuals develop alternative ways of behaving and thinking, which tries to reduce their psychological stress.

Ethical Business Practices

Today we will evaluate the PepsiCo past performance marketing their product using the six pillars of the marketing code of ethics—honesty, responsibility, caring, respect, fairness, and citizenship. I will also outline how PepsiCo could make further progress as a good corporate citizen when it comes to consumption of its products, such as green initiatives and philanthropic commitments. Code of Ethics According to â€Å"World’s Most Ethical Companies† (2011), PepsiCo made the list for most ethical company’s in the world. So you may be asking yourself were can there be room for improvement. Let me be the first to fill you in on a little secret, no matter how good you are room for improvement will always be there. The PepsiCo include soft drink brands include Pepsi, Mountain Dew, and Mug. Cola is not the company's only beverage: Pepsi sells Tropicana orange juice brands, Gatorade sports drink, SoBe tea, and Aquafina water. The company also owns Frito-Lay, the world's #1 snack maker with offerings such as Lay's, Ruffles, Doritos, and Fritos. Its Quaker Foods unit offers breakfast cereals (Life, Quaker Oats), rice (Rice-A-Roni), and side dishes (Near East). Pepsi's products are available in more than 200 countries. In 2010 the company acquired its two largest bottlers: Pepsi Bottling Group and PepsiAmericas. Responsibly and Caring PepsiCo takes pride in their quest of providing more food and beverage choices made with wholesome ingredients that contribute to healthier eating and drinking. This means increasing the amount of whole grains, fruit, vegetables, nuts, seeds and low-fat dairy in our global product portfolio. It also means reducing the average amount of sodium per serving in key global food brands, in key countries, by 25 percent by 2015 reducing the average amount of saturated fat per serving in key global food brands, in key countries, by 15 percent by 2020) reducing the average amount of added sugar per serving in key global beverage brands, in key countries, by 25 percent by 2020 (â€Å"Human Sustainability†, 2012). Honesty According to â€Å"Nutritional Labeling† (2012), PepsiCo is committed to providing safe products and to protecting equity in our brands, trademarks and goodwill. In addition, we're working to ensure that by 2012, basic nutritional information is available to consumers on packages (where feasible to print on the packaging and where permissible by local regulations) for all of our food and beverage products in key markets. In countries where we've already met this standard, we're also working toward an additional goal displaying calorie or energy counts on the fronts of packages. We have already implemented front-of-pack labeling on many products in the U. K. and many other European countries, as well as in Australia. And we are rapidly expanding implementation in a number of countries around the globe, including the U. S. , Canada, Mexico and Brazil (â€Å"Nutritional Labeling†, 2012). Improvements PepsiCo could make a few changes to improve their ethical ranking with the people and media. The first improvement would be triple checking are product for quality and safeness. Nothing worst then having case of sodas sitting in the warehouse with rats around dropping waste everywhere. Or giving you kid oatmeal and it has a dead bug on the inside that kind of stuff will change a person life. I know you can’t catch everything, but they need to minimize to the fullest. The second improvement would be lower some of the sugar levels in a lot of their products. With America youth being obese parents would take notice that this company is stepping the proper steps to help with their kid’s future. I’m sure America’s youth consumer over a billions sodas year and with the lack of working out kids are getting obese it is not just because they drink soda, however soda doesn’t help. While we all know it hard having a good reputation it’s even harder trying to maintain it. PepsiCo has been during ok for many years and I’m sure that will not change for some time to come. The code of ethics is just a stepping stone for companies to follow it is total up to them to go above and beyond the call of their ethical duties to improve the quality of their employees and consumers alike. So in closing I feel PepsiCo has room for improvement and I’m sure they will close that window soon enough.