Fourth Amendment Case Study:

Fourth Amendment Case Study

For this week's discussion, assume that you are a member of the US Supreme Court. Consider this case:

Police suspected a man was growing marijuana inside his home. Late at night, the police (without stepping on the suspect's property) used a heat-sensing device to determine that part of the defendant's home was substantially warmer than the other homes in the area. In the detective's experience, that kind of heat signature indicated the use of indoor "grow lights." Based on this information, the detective obtained a warrant to search the house and indeed did find an indoor marijuana-growing operation.

The defendant was convicted but has appealed claiming the use of the heat sensor without his approval and without a warrant violated his rights. He believes any evidence related to the heat sensor should have been excluded from the case (and, really, the warrant should not have been issued based on the heat sensor information).

After reading this, I decided to look and see if I could actually find anything on this case. I am not actually sure if I found the actual case itself, but I did find this:

http://www.infoplease.com/cig/supreme-court/finding-marijuana-with-thermal-imaging-devices.html

Therefore I decided to read the information listed on the site, and learn everything about the case I did find. Relevant or not, it is in fact similar.

Both, (or if this is in fact the same case, I don’t want to misquote) whatever the case may be: are a violation of the right that we have chosen to stand behind, rights by which we are entitled and given, by our forefathers. 

If we cannot honor the Constitution, and our own laws, than what good are our laws in the first place? This shows lack of respect and validity towards us, let alone one another and our own laws.

After taking all of that information in, I decided to review again, the fourth amendment and found this:

http://constitution.laws.com/4th-amendment

This way, I could be refreshed on that, in case I had any other questions regarding the amendment in question. 

Again, a law written by our forefathers, intended to protect us.

Then, if I can, you want me to demonstrate how the above case relates to the issue of crime control versus due process models of criminal justice. 

My opinion, towards the above case in question is simple. Officers in question were out to get drugs off the street, and felt they had something or someone big. And/or perhaps even a big fish, and felt that if they could catch this perpetrator and get a big lead onto something else, which in turn may lead to something or someone else. Which yes, eventually does. And yes, if we’re honest with one another, sometimes the Police do invent and create things to get things done. Even if they say, or pretend they don’t- because more often than not, it’s kept off the books, it is a lie. But it is often for the common good. However, again: yes there are also corrupt cops, even though we don’t care to admit that as well. 

Now let us not forget, drugs are a big problem, for both Children and Adults. And there are a lot of competitors. And a lot of the competitors, do have police on their pay roll; also something people do tend to keep under hat. But the fact that the Police avoided a claim of due of process for this case, could have been an issue of “getting even” with a war on drugs of “competition” or anything. What we don’t ever know is the entire story. That is seriously where the problem lies.

 

I’m to conclude with an explanation of how I would rule in such a case:

Seriously I cannot stand drugs or drug dealers. For the longest time I wanted to be a DEA officer, but as much as I hate drugs, and drug dealers, I feel I would be more danger to them than a benefit, if that makes any sense. 

However, I am a firm believer in my amendments and the fact that they were put here and for a reason. Now again, please bear with me, that I do agree that the amendments do need updated and changed and fixed in certain areas because yes- times have changed. But many of the amendments are quite reasonable, and those men in those early years knew how to respect us as people, and our rights. Fortunately, for us now, with the way the World has changed, that these were put into play. Even though, yes, as I read about this case. It does say, our times are changing, and soon, we will not be able to stand by the fourth amendment for protection. And personally I feel that is a violation of our constitutional right. We were given our rights, and by God, we need to respect one another, and those rights.

Sociology: Violating the Norm (A Deviance Excercise)

Sociology

 

Violating the Norm

A Deviance Exercise

     For this exercise we are to create an experiment. With this experiment we are to do something out of the norm, meaning something out of the normal everyday life. We are to take notes, reactions, and make a deduction, and determine adequate data. This experiment is called the violation of a chosen ‘folkway’ which is a not a law violation, but seemingly just a life violation.

    

     My first instance happened on accident: I sleep in the nude. When I wake, I let my dogs out the back door to use the bathroom in their back yard which is completely fenced in.

     I live in a Mobile Home Park Community, which I am the Manager of. My home is in the front of the park, and my home is a brick home and the office. As I stated my yard is fenced in. My back yard is the front of all of their homes.

    I let the dogs out, my normal routine. Then I noticed they were all heading out the gate, which someone was rude enough to have left open. I didn’t realize nor remember I was naked. I went out and closed the gate, it was daytime. I sleep in until noon, quite frequently.

    There I was in the buff, completely naked shutting the gate, and calling the dogs back into the yard, while everyone was looking at me. My mouth is loud, I won’t lie. And I wasn’t thinking either. They were staring, and ticking me off, and I was getting mad, because they were just standing there with their mouths wide open, so I opened mine, and said, “What?! You never seen a---” And then I looked down and seen my huge size F chest hanging down, and liked to have passed out right there. I am betting my color had to have changed too.

     I was not being deviant until I noticed they were staring, and I was ready to mouth off. Then I was ready to launch an all out attack. The dogs came back into the yard, and I ran into the house.

     This situation was out of the norm, although not on purpose. However, I feel it does make for an excellent scenario because of the results.

a.       Everyone stared.

b.       I was angry

c.       In the beginning I acted like it was “norm”

d.       I shocked everyone

e.       I made them stop what they were doing.

    For my next situation I decided to do something on purpose and out of the norm, if you will. I decided to dress up as a prostitute, and go into a place where everyone knew me. Here I am a 51 year old Mom and grandmother, and I wanted them to know I decided it was time to make some extra money as a prostitute.

     “What are you doing?” Angela asks me.

     “I am tired of not being able to get a job. We need money. I know I can make it this way!” I responded to her.

     “If I give you a loan will you go home and stop this nonsense?” She reiterated.

     “No, because a loan I will just have to pay back. Can you go away, I want to find me some John’s up in here!” I said.

    She put her palm on her face.

     Another friend of mine, a man just kept staring for over a half an hour. After that, Jeremy inched his way toward me and said, “What is going on? Are you trying out a Halloween costume or something?”

     “No, this is the new me. I am broke and decided to give prostitution a try.”

     “Oh my Gawd!” He said loudly. “You’re a flippin’ criminal justice student! I know there must be a damn camera somewhere! Where the hell is it?” He said looking around.

     I started laughing. “Shut up Jeremy!!”

     “No for real, where are they?” He said still laughing and looking around.

     “I’m alone, therefore there is no camera. Go away before you blow this for me jerk!” I whispered.

     “I knew it. I’ll go over there and babysit you. I don’t want anyone hurting you. You shouldn’t be doing this experiment alone! I knew you weren’t this dumb!” He said still laughing, but trying to stop. Jeremy went away from me, but he was in the distance, and yes, now we he did make sure that no one bothered me, or hurt me.

     After about twenty minutes, my friend Jen came in, “Hey Deneale what’s up?” She said, acting as though it was just an ordinary day.

    “Not much, you?” I responded.

    “Just here to let off a little steam. Had a rough day at work. They’ve not given me a day off in over a month. Nice digs.” She continued. “Where’d you get those bad-assed boots?”

    “Where I get all of my boots! Just fab!” I responded.

    Jen didn’t pay any attention to me, didn’t judge me, didn’t assume, didn’t ask. This was a friend that I have had since I moved to Florida. I didn’t push the issue, I didn’t want to give her any information, I just kept waiting and waiting, but for several hours we just kept talking and laughing and socializing. She never once made any innuendoes or anything.

    I never was picked up for prostitution, nor did I get hit on. My make up was thick, and I never wear it. I had on high boots, and a low cut shirt with spaghetti straps. I wore a purple wig, and long finger nails, and plenty of jewelry and perfume.

    People stared at me, people glared at me. People were not impressed by my looks, and that a prostitute made an appearance at a public bar, and that the prostitute was now someone that they knew. But it was what I chose to do, out of the norm, and my way to be deviant.

     My results:

a.       People stared

b.       People were upset

c.       People laughed

d.       One knew better

e.       One didn’t care

f.        It was fun

g.       It was also kind of scary

     I always wanted to try being a prostitute; however I know I could never do the deeds they themselves do. I would love to make some of the money that some of them do, especially in California. So I thought it would be a great way to give something new, and out of the norm a try. This is why I chose this as my experiment.

     I hope this was and is ok. It was kind of fun, and was also truly a learning experience. It was also, a little scary, as well as unique. However, I must admit, I prefer my life the way it is. All eyes off of me.

     

    

What would you do as an experiment to be deviant? Please share in the comments section!

Corrections Class: Florida Prisons: Custody Levels & Punishments (Detailed)

Florida Prisons: Custody Levels and Punishments

State Prisons:

     Florida is a huge state, so we are divided into four regions. Therefore, we are going to go by the numbers of one, two three, and last but not least: four. 

     In region number one: the following facilities are included: Region 1 office, Apalachee-E CI, Apalachee-W CI, Bay CF, Blackwater River CF, Calhoun CI, Century CI, Franklin CI, Gadsen CF, Gadsen Re-Entry Center, Graceville CF, Gulf CI, Gulf CI -Annex, Holmes CI, Jackson CI, Jefferdon CI, Liberty CI, NWFRC, NWFRC Annex, Okaloosa CI, Quincy CI, Santa Rosa CI, Santa Rosa Annex, Wakulla CI, Wakulla CI Annex, and Walton CI. 

Region 2:

     Region 2 office, Baker CI, Baker Re-Entry Center, Columbia CI, Columbia Annex, Cross City CI, Cross City CI, Cross City East Unit, FL state Prison, FL State Prison – West, Hamilton CI, Hamilton Annex, Lake City CF, Lancaster CI, Lawtey CI, Madison CI, Mayo Annex, Putnam CI, RMC – Main, RMC – W, Suwannee CI, Suwannee Annex, Taylor CI, Taylor Annex, Tomoka CI, and Union CI. 

Region three:

     Region three office, Avon Park CI, CFRC -E, CFRC – Main, CFRC -S, Desoto Annex, Florida Women’s Reception Center, Hardee CI, Hernando CI, Lake CI, Lowell CI, Lowell Annex, Marion CI, Polk CI, Sumter CI, and Zephyrhills CI.

Region four:

     Region four office, Charlotte CI, Dade CI, Everglades CI, Homestead CI, Martin CI, Moore Haven CF, Okeechobee CI, South Bay CF, SFRC, and SFRC -S

     Inmate Population:          (All Prisons)                                            February 28, 2017

101-APALACHEE WEST UNIT								812
102-APALACHEE EAST UNIT								1,119
103-JEFFERSON C.I.								1,071
104-JACKSON C.I.								1,392
105-CALHOUN C.I.								1,383
106-CENTURY C.I.								1,363
107-HOLMES C.I.								1,228
108-WALTON C.I.								1,224
109-GULF C.I.								1,338
110-NWFRC MAIN UNIT.								1,052
111-GADSDEN C.F.								1,528
112-BAY C.F.								983
113-FRANKLIN C.I.								1,049
115-OKALOOSA C.I.								954
118-WAKULLA C.I.								1,274
119-SANTA ROSA C.I.								1,214
120-LIBERTY C.I.								1,200
122-WAKULLA ANNEX								1,128
124-FRANKLIN CI WORK CMP								412
125-NWFRC ANNEX.								1,168
127-SANTA ROSA WORK CMP								368
135-SANTA ROSA ANNEX								1,224
139-QUINCY ANNEX								397
142-LIBERTY SOUTH UNIT								428
144-GADSDEN RE-ENTRY CTR								410
150-GULF C.I.- ANNEX								1,295
159-GRACEVILLE C.F.								1,863
160-GRACEVILLE WORK CAMP								253
161-OKALOOSA WORK CAMP								253
162-HOLMES WORK CAMP								324
163-PANAMA CITY C.R.C.								67
164-PENSACOLA C.R.C.								82
165-CALHOUN WORK CAMP								281
166-JACKSON WORK CAMP								267
167-CENTURY WORK CAMP								274
168-TALLAHASSEE C.R.C								112
170-GULF FORESTRY CAMP								280
172-WALTON WORK CAMP								273
173-WAKULLA WORK CAMP								428
177-BERRYDALE FRSTRY CMP								-
185-BLACKWATER C.F.								1,996
187-SHISA HOUSE WEST								32
201-COLUMBIA C.I.								1,009
205-FLORIDA STATE PRISON								1,243
206-FSP WEST UNIT								793
208-R.M.C.- WEST UNIT								1,111
209-R.M.C.- MAIN UNIT								1,504
210-NEW RIVER CI								58
211-CROSS CITY C.I.								1,026
213-UNION C.I.								1,686
214-PUTNAM C.I.								456
215-HAMILTON C.I.								959
216-MADISON C.I.								1,297
218-TAYLOR C.I.								907
219-LAKE CITY C.F.								882
221-R.M.C WORK CAMP								426
223-MAYO C.I. ANNEX								1,120
224-TAYLOR ANNEX								1,139
227-TAYLOR WORK CAMP								378
230-SUWANNEE C.I								1,020
231-SUWANNEE C.I. ANNEX								1,193
232-SUWANNEE WORK CAMP								288
240-GAINESVILLE W.C.								260
250-HAMILTON ANNEX								1,313
251-COLUMBIA ANNEX								1,448
252-BRIDGES OF LAKE CITY								155
255-LAWTEY C.I.								802
256-TTH OF DINSMORE								116
261-BAKER WORK CAMP								282
262-CROSS CITY WORK CAMP								271
263-HAMILTON WORK CAMP								213
264-COLUMBIA WORK CAMP								279
265-MAYO WORK CAMP								311
267-BRIDGES OF JACKSONVI								138
268-UNION WORK CAMP								395
269-CROSS CITY EAST UNIT								405
271-BRIDGES OF SANTA FE								148
275-BAKER RE-ENTRY CENTER								409
278-SHISA HOUSE EAST								8
279-BAKER C.I.								1,159
280-LANCASTER W.C.								271
281-LANCASTER C.I.								498
282-TOMOKA C.I.								1,049
284-TOMOKA WORK CAMP								276
285-TOMOKA CRC-285								111
289-MADISON WORK CAMP								283
290-TOMOKA CRC-290								82
298-TOMOKA CRC-298								57
299-JACKSONVILLE BRIDGE								160
304-MARION C.I.								1,312
305-SUMTER ANNEX								43
307-SUMTER C.I.								1,162
308-SUMTER B.T.U.								28
312-LAKE C.I.								1,065
314-LOWELL C.I.								915
316-LOWELL WORK CAMP								279
320-CFRC-MAIN								1,474
321-CFRC-EAST								845
323-CFRC-SOUTH								98
336-HERNANDO C.I.								398
345-SUNCOAST C.R.C.(FEM)								159
347-BRIDGES OF COCOA								82
351-BRIDGES OF ORLANDO								142
352-ORLANDO BRIDGE								134
353-TTH OF KISSIMMEE								147
355-REENTRY CTR OF OCALA								100
361-ORLANDO C.R.C.								80
364-MARION WORK CAMP								278
365-SUMTER WORK CAMP								285
367-LOWELL ANNEX								1,252
368-FL.WOMENS RECPN.CTR								1,021
374-KISSIMMEE C.R.C.								154
381-TTH OF BARTOW								79
382-TTH OF TARPON SPRING								79
401-EVERGLADES C.I.								1,816
402-S.F.R.C.								761
403-S.F.R.C SOUTH UNIT								634
404-OKEECHOBEE C.I.								1,704
405-SOUTH BAY C.F.								1,939
407-OKEECHOBEE WORK CAMP								439
412-BRADENTON BRIDGE								118
419-HOMESTEAD C.I.								651
420-MARTIN WORK CAMP								257
426-BIG PINE KEY R.P.								45
430-MARTIN C.I.								1,409
431-LOXAHATCHEE R.P.								91
441-EVERGLADES RE-ENTRY								412
444-FORT PIERCE C.R.C.								83
446-HOLLYWOOD C.R.C.								148
452-ATLANTIC C.R.C.								45
457-MIAMI NORTH C.R.C.								185
463-DADE C.I.								1,477
464-SAGO PALM RE-ENTRY C								373
467-BRIDGES OF POMPANO								-
469-W.PALM BEACH C.R.C.								147
470-TURNING POINT C.R.C								97
473-OPA LOCKA C.R.C.								148
501-HARDEE C.I.								1,329
503-AVON PARK C.I.								1,049
504-AVON PARK WORK CAMP								505
510-CHARLOTTE C.I.								1,249
511-MOORE HAVEN C.F.								984
525-ARCADIA ROAD PRISON								96
544-FT. MYERS WORK CAMP								117
552-LARGO R.P.								76
554-PINELLAS C.R.C.								44
560-DESOTO WORK CAMP								285
562-POLK WORK CAMP								267
563-HARDEE WORK CAMP								285
564-DESOTO ANNEX								1,460
573-ZEPHYRHILLS C.I.								667
580-POLK C.I.								1,123
583-ST. PETE C.R.C.								141
In–Transit								8
Total								97,468

     Escapes from all prisons:

     “There were 10 escapes for the second quarter (October 2016 - December 2016) of Fiscal Year 2016-17. 8 (80.0%) of the escapes were from Contracted Work Release Centers and 2 (20.0%) were from Work Camps/Road Prisons. 3 of the 10 escapes (30.0%) were Level I escapes. 6 (60.0%) escapes were designated "not rated." There was 1 escape designated Level III during the second quarter. 

Of the 10 completed escapes, 9 (90.0%) were recaptured. Of the 9 recaptured, 8 (88.9%) were recaptured within the same quarter. Of those recaptured within the same quarter, 7 (87.5%) were recaptured within 24 hours of escape.

The overall escape rate for the quarter was 0.10 escapes per 1,000 inmates. This is slightly higher than the .08 rate observed for the second quarter of Fiscal Year 2015-16, but lower than the 0.2 rate observed for the second quarter of Fiscal Year 2014-15 as well as the 0.23 rate observed for the second quarter of Fiscal Year 2013-14. Region IV had the highest escape rate at 0.33. Region II had the lowest rate with 0.03 overall for the quarter.  

There was 1 attempted escape in the second quarter of Fiscal Year 2016-17.” Cited directly http://www.dc.state.fl.us/pub/escape/quarter/index.html

Furthermore, defining level 1, 2 and 3:

• Level I: Escape from non-secure environment, such as a community correctional center or an outside work squad, in which no Level III behaviors are exhibited.
• Level II: Escape from a secure perimeter or supervised environment in which no Level III behaviors are exhibited.
• Level III: Escape that involves hostages, weapons/tools, outside assistance, or violence during or after the escape.

Death Row:

	A Death Row cell is 6 x 9 x 9.5 feet high. Florida State Prison also has Death Watch cells to incarcerate inmates awaiting execution after the Governor signs a death warrant for them. A Death Watch cell is 12 x 7 x 8.5 feet high. Men on Death Row are housed at Florida State Prison in Raiford, FL, and Union Correctional Institution in Raiford, FL. The women on Death Row are housed at Lowell Annex in Lowell, FL.
	Death Row inmates are served meals three times a day: at 5:00 am, from 10:30 am to 11:00 am and from 4:00 pm to 4:30 pm. Food is prepared by prison staff and transported in insulated carts to the cells. Inmates are given sporks with their meals and they eat from the provided tray. Prior to execution, an inmate may request a last meal. To avoid extravagance, the food to prepare the last meal must cost no more than $40 and must be purchased locally.
	All inmate visitors must be approved before any visitation can take place. Questions regarding an inmate's visiting day(s), visiting hours, and special visits should be directed to the Classification Officer responsible for the inmate at the inmate's assigned facility. Questions may be sent by letter, e-mail or by telephone. Members of the news media may request Death Row inmate interviews through the Department of Corrections Communications Office at (850) 488-0420. The inmate must agree to the interview and the interview will be non-contact.
	The inmates may shower every other day.
	Death Row inmates are counted at least once an hour. They are escorted in handcuffs and wear them everywhere except in their cells, the exercise yard and the shower. They are in their cells at all times except for medical reasons, exercise, social or legal visits or media interviews. When a death warrant is signed, the inmate is put under Death Watch status and is allowed a legal and social phone call.
	Inmates may receive mail every day except holidays and weekends. They may have snacks, radios and thirteen inch televisions in their cells. They do not have cable television or air-conditioning and they are not allowed to be with each other in a common room. They can watch church services on closed circuit television. While on Death Watch, inmates may have radios and televisions positioned outside their cell bars.
	Death Row inmates can be distinguished from other inmates by their orange t-shirts. Their pants are the same blue colored pants worn by regular inmates.

Security:

There are three levels of CM (CM I, CM II, CM III). CM I is the most restrictive cell housing level and CM III is the least restrictive. 

Close Management I: Restrictive single cell, single occupancy housing level.

1. Inmates at this level have committed the most serious violations and are considered extreme security and management risks.
2. An inmate assigned to CM I is not eligible for a work assignment inside or outside the CM unit.
3. Privileges are the most restrictive at this close management level.

Close Management II: Restrictive cell housing--may be single or double occupancy.

4. Inmates at this level have committed serious violations of policy and are considered extreme security and management risks.
5. Inmates in CM II status are eligible for work assignments in CM I, CM II, death row housing units, and restricted labor squads.
6. Inmates in this status are afforded more privileges and program opportunities than CM I inmates.

Close Management III: Restrictive double occupancy cell housing.

7. This is the least restrictive of the three close management levels.
8. CM III inmates are provided program opportunities outside of their cell housing as a transition phase preparing for their return to the general inmate population.

CM III inmates are eligible for consideration for an institutional work/program assignment outside of their cell housing.

1. CM III inmates are eligible for work on the restricted labor squad, work inside CM units, or work usually designated for general population inmates.
2. Work/program assignments and their individual type is based upon the inmate's behavior, CM level, and the need to provide a transition back into open population status.

How do we know where to put each prisoner?

     Our facilities incarcerate felons convicted and sentenced to more than a year. These inmates are transported from a county jail and enter our system through one of four male or two female reception centers strategically located throughout the state. Upon arrival at a reception center, an inmate is processed, tested, evaluated by health services, assessed for program needs, and his/her custody (security risks) determined. Custody is determined by reviewing the seriousness of their offenses, length of sentence, time remaining to serve, prior criminal record, escape history, prison adjustment, and other factors. The most serious offenders with the longest sentences and those least likely to adjust to institutional life are placed in more secure facilities. Based on the results of this process the inmate is then transferred to the appropriate facility.

Programs available:

    Anger Management classes, AA and NA, Church, Clergy, Pastoral Services, GED classes, Counseling, Off site work programs, (to those qualified and able) work release programs (to those qualified and able).

Florida Federal Prisons:

Coleman FCC, Marianna FCI, Miami FCI, Miami FDC, Orlando RRM, Pensacola FPC and Tallahassee FCI. 

The facilities in Coleman are as follows: USP Coleman II (high security) 1401 total inmates, Male offenders only, USP Coleman I (also high security) 1306 total inmates, also male, FCI Coleman Low (low security) 1921 male inmates, and FCI Coleman Medium with an adjacent satellite camp 1919 male and female offenders.

For Marianna it is as follows: They are a medium security federal prison with an adjacent minimum security satellite camp. 1399 total male and female inmates.

For Miami FCI: they are a low security federal prison with an adjacent minimum security satellite camp. 1335 male inmates. 

For Miami FDC: They are an administrative federal detention center.1306 male and female offenders.

For Miami RRM: This is a residential reentry management field office. (RRM) There are 13,629 total offenders managed by the RRM program. This list includes the following: 55 juveniles, 3663 home confinement, 699 jail/short term, 153 long term boarders, 9059 residential reentry centers.

Orlando RRM: This is another residential reentry management office. (RRM) There are 13,629 total offenders managed by the RRM program. This list includes the following: 55 juveniles, 3663 home confinement, 699 jail/short term, 153 long term boarders, 9059 residential reentry centers.

Pensacola FPC: this is a minimum security federal prison camp. 679 male inmates.

Tallahassee FCI: this is low facility federal correction center with a detention center. 849 male and female offenders.

Goals:

     In the federal systems, their goal is to see to it that the prisoner is able to reenter into civilization and not be a repeat offender. Their system is to rehabilitate them, reeducate them, and show them the right path. With this, they provide everything needed to do so. Such as schooling, church, AA, NA, and any kind of religious or counseling services the inmate may need to comfort them, and heal them to help them not to keep committing crimes in the future. 

Where and Why?

     The inmate is put into the federal prisons because of the severity of the crime, and then they are out into the location by which they live or caused the crime and were sentenced. 

      If you have never seen the inside of a penitentiary, it is best to go with someone you feel comfortable with the first time. If you are going to one with cells, let it be known that there will be oogling and ogling if you are a female, and to be prepared. Dress appropriately.

Resources:

http://www.dc.state.fl.us/index.html

https://www.bop.gov/

PLEASE FEEL FREE TO LEAVE COMMENTS!!