Memorandum of Points and Authorities AKA Trail Court Brief Essay

Memorandum of Points and Authorities AKA Trail Court Brief - Essay Example STATEMENT OF CASE Marco Velasco, the DEFENDANT, of legal age, running with friends within the vicinity of San Diego Middle School was apprehended by authorities after they have ran inside and then exited of the SDMS campus with various items in their hands. Defendant was holding a glass vase, while the rest held a bottom of a lamp, a chair leg, and a candlestick. That the four teenagers were seen by campus security officers Miguel Martinez and Marvin DaSilvia on said vicinity. It so happened that Martinez recalled that defendant was a member of a gang and also attended San Diego Middle School. The security officers overheard one of the teenagers in the group of defendant shout, â€Å"He’s over there!† Subsequently, the campus security officers yelled to the group to â€Å"Stop!† several times but the group of defendant continued running until they went towards the exit of the campus, of which they were subsequently apprehended by Officer Jael Waddle. In the proce ss, the glass vase held by defendant was confiscated and used as evidence to press charges against defendant in violation of section 12024 of the US Penal Code, specifically possession of deadly weapon. The arresting officers, however, failed to secure search warrant for possession of deadly weapons for defendant prior to arrest. This, in the assumption that defendant was a violent person who was about to assault a person with the â€Å"deadly weapon† glass vase. Defendant was illegally arrested and his possession confiscated without probable cause. ARGUMENT THE COURT SHOULD REVERSE DECICION TO DETAIN DEFENDANT FOR VIOLATION OF PENAL CODE 12024 DUE TO ILLEGAL ARREST AND LACK OF PROBABLE CAUSE. Defendant Marco Velasco, charged with felony for single count of violation of section 12024 of the United States Penal Code, contends that the trial court erred in finding sufficient probable cause to justify his arrest. As a result, the glass vase held by Defendant during his arrest wr ongly assumed as a deadly weapon used against defendant, should have been suppressed. A. Defendant Was Illegally Detained Although defendant was immediately arrested upon apprehension and was never actually detained for investigative purposes, defendant submits that there lacks sufficient cause to justify lawful detention. This fact is important because after defendant’s illegal detention and arrest, he was charged with violation of California Penal Code Section 12024. Arrest and detention is lawful if the circumstances known or apparent to the officer includes specific articulable facts for the officer to suspect any criminal activity is happening and the person he intends to arrest is involved in that criminal activity (Tony C [1978] 21 Cal.3d 888, 890). In Brown v. Texas (1979, 443 U.S. 47), it was stated that, â€Å"†¦intrusion on interests prohibited by the Fourth Amendment and requires a reasonable suspicion based on articulable facts relating to the person or his or her conduct in order to be lawful,† in consideration of alleging that a glass vase on defendant’s possession was a deadly weapon. The Fourth Amendment protects the right of the people to be secure in their persons, house, papers, and effects, against

Annotated Bibliography Research Paper Example | Topics and Well Written Essays - 2500 words

Annotated Bibliography - Research Paper Example Source 2: Arsanjani, A., Zhang, L., Ellis, M., Allam, A., & Channabasavaiah, K. (2007). S3: A service-oriented reference architecture. IT Professional, 9(3), 10-17. Annotation In this article, the authors talk about the advantages associated with the use of service oriented technology in businesses, such as, increase in revenue, decrease in costs, and rapid application delivery. The article is related to the research in a sense that it includes discussion about the increased dependence of businesses on service oriented architectures. The article relates to the research topic as it talks about the use of service oriented architecture in making IT related business goals and functions aligned and well managed. The authors of this article have raised some key issues regarding service oriented architecture and its transformational capabilities. Source 3: Bashir, R., Azam, F., Iqbal, M., Khanum, A., & Malik, H. (2012). A Comparative Model for Tradeoff Analysis of QoS Attributes in SOA. Jou rnal of Basic and Applied Scientific Research, 2(11), 11097-11105. Annotation In this article, the authors talk about development of efficient service oriented architecture considering the challenge of maintaining the quality of service attributes which occurs due to compositional, as well as dynamic environment of the service-oriented architecture. The article relates to the research as it talks about a comparative model of trade-off analysis for quality of service attributes in service oriented architecture. The authors of this article propose a comparative model which should be able to study the trade off among the SOA’s quality of service attributes. The main focus of the paper is achieving an improved system through trade off among quality of service attributes. Source 4: Candido, G., Barata, J., Colombo, A., & Jammes, F. (2009). SOA in reconfigurable supply chains: A research roadmap. Engineering Applications of Artificial Intelligence, 22(6), 939-949. Annotation In thi s article, the authors state that industries are becoming more and more interested in adopting automation standards as a unifying approach with a number of advantages over traditional automation. The article relates to the research in a sense that it talks about the advantages of service oriented architecture over traditional automation. The authors of the research have not only enumerated the challenges related to the application of service oriented architecture into reconfigurable supply chains but also they have provided a roadmap into a major adoption of service oriented technology to maintain the reconfigurable supply chains. Source 5: Cucinotta, T., Mancina, A., Anastasi, G., Lipari, G., Mangeruca, L., Checcozzo, R., & Rusina, F. (2009). A real-time service-oriented architecture for industrial automation. Industrial Informatics, 5(3), 267-277. Annotation In this article, the authors state that the introduction of new technologies, such as, IP based communication protocols, Zig Bee, and standard networking technologies raise significant issues that need to be properly solved. One of those issues is to support quality-of-service and real-time for real-time applications. The source is relevant to the research area in that it deals