Discuss at least four situations in which a law enforcement officer Essay

Discuss at least four situations in which a law enforcement officer may conduct a search without first obtaining a warrant. Explain when those exceptions apply - Essay Example Dwelling house of man has been expressed as his castle even before the advent of English jurisprudence. The natural desire for privacy led to formation of homes as a place for hospitality, shelter and protection even in ancient times. The Biblical times also had respect for home as a dwelling place to which officials were not being allowed to visit arbitrarily. Bible has it that Joshua desisted from sending his men to Achan’s tent for searching and seizing the prohibited article, even though it had been known that he had been in possession. Under Hebrew Law also the question of search does not arise since enquiry of cases depended on the testimony of witnesses. The point here to be noted is that the right not to be disturbed at home had been there even in ancient times. In olden times no body could enter a house without the occupant’s permission. In Bible, a creditor could not enter a debtor’s house but must wait outside to collect his security for the pledge. A bailiff from court also was barred from entering the house of a debtor. The respect for home in those times is evident from the fact that thieves found guilty of house breaking at nights were punished with death penalty. (Lasson 1937 p 14) In Roman literature, a home was considered not only as an asylum but also was protected by the household Gods who were believed to have dwelt and were worshipped there. If a thief was found inside a house’s fire place, it was assumed that he needed protection. (Lasson p 15) Fourth amendment guarantees the right of the people in their persons, houses, papers, and effects, against searches and seizures without reason and no warrants shall be issued without a probable cause supported by an oath or affirmation specifically mentioning the place to be searched, and the persons or things to be subjected to search. (U.S.News 2002) In Boyd v

Business law Essay Example | Topics and Well Written Essays - 500 words - 13

Business law - Essay Example 150). The Islamic doctrine would however not apply under the CISG because the convention overrules application of regional laws in international transactions (Schaffer, Agusti and Earle, p. 120). In the case, Bende made a contract with Ghanaian government for deliverables at a price of $ 158500. He then subcontracted to Kniffe who was to deliver the goods at $ 95000. Kniffe however failed to make delivery as the carrier train had derailed. Kniffe’s claim that the contract had been rendered impracticable is valid because the train wreck was unforeseeable and beyond his control. However, the performance is not excused because of the no force majoure clause that was contained in the contract sustains liabilities. The wreck was however unforeseeable (Fox, p. 143). Bende would be entitled to damages of $ 44685. This would include lost profit to which he would be entitled. This is due to compensatory damages doctrine that provides for a party’s restoration to the position he would have been had a contract been fulfilled. This includes profitability (Fox, p. 60). If the parties had agreed that Kniff would merely ship the goods then the risk would shifted from Kniff to either the buyer of Bende, depending on the original contract because property would have transferred to him (Schaffer, Agusti and Earle, p. 728). The importer is likely to win the case. This is because of two factors, the open price term of the contract and the force majoure clause that applies to contracts that have been rendered impossible. Under the open price term, the distributer is bound by the contractual terms that were entered into during contract formation. The force majoure clause also suspends any liability over contractual obligations when activities have been rendered commercially impossible. Adversely unfavorable currency fluctuation, being identified as a factor towards the clause, therefore releases both parties from any liability from the contract. Consequently, the