United States v. Hall

 

In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals discussed the difference between a business and an individual’s reasonable expectation of privacy in the area around their home or business (called the curtilage). In Hall, a government agent seized a bag of shredded documents from a dumpster located on the property of Bet-Air, Inc. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. Review United States v. Hall and discuss the following:

What was the Court of Appeal’s decision?
Was the search and seizure a violation of the Fourth Amendment? Why or why not?
Would the result have been different if the dumpster was on private property rather than on commercial property?
Suppose you were an executive at Bet-Air. What recommendations would you make to help Bet-Air assert an expectation of privacy in the dumpster?
Your initial response should be a minimum of 200 words.

Sample Solution

In February, 1993, a jury convicted Terrence Hall, chairman of Bet-Air, Inc., a closely held Miami-based seller of spare aviation parts and supplies of fourteen counts of violating various federal laws in connection with Bet-Air`s sale of restricted military equipment parts to Iran. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. 2d 30 (1988), the Supreme Court held that a warrantless search and seizure of garbage left in a plastic bag on the curb in front of, but outside the curtilage of, a private house did not violate the Fourth Amendment.

A significant area of contention is the change from “womanhood” to “parenthood”. It tends to be contended that when ladies become moms, they lose their orientation character for a parenthood personality. Bailey (1999) tracked down in her investigation of self-character and the change to parenthood: “the course of individualization which rules most of these ladies’ lives subsided with the approach of parenthood” (p. 344). This recommends we are compelled to perceive “vital ramifications for both an identity and show of self as a mother” (Mill operator, 2005, p. 14) while figuring out our way of life as ladies as well as our way of life as moms.

By tolerating the personality of mother, certain exhibitions are normal. Ladies might have a ‘decision’ to become moms yet they don’t pick the exhibition that is supposed for them to complete as a mother. These assumptions build this identity(J. Steward, 1993). Steward (2008) states: “Character classes will generally be instruments of administrative systems” (p. 166). Parenthood isn’t an exemption for this guideline. On the off chance that a mother doesn’t follow specific pre-set guidelines, they are likely to unfortunate results. Steward (2008) recommends this about orientation yet it can likewise be applied to the idea of parenthood: “a necessary exhibition in the sense carrying on of line with… standards carries with it discipline” (p. 174). This demonstrates in the event that decides are not followed that lay out great parenthood philosophy, they might be marked as a “terrible” mother.

Tiger mum peculiarity:
Geertz (1983) contends culture isn’t intrinsic, it is “systemised”. All over the planet, individuals carry on with various social lives which implies our presence of mind contrasts as per our encounters. A comparative perspective on this is of Talcott Parsons (1955) who features “the capabilities a family will rely upon the sort of society where it is found”. For instance: The Tiger mum peculiarity was presented by a renowned essayist called Amy Chua. Tiger mum usually alludes to a domineering and severe mother who compels her kids to accomplish the most significant levels in scholarly community, while compromising the youngster’s social and mental prosperity (Chua, A 2014). This technique is generally involved by families in East Asia and Southeast Asia. Tiger mums are the individuals who center just around instruction and homework and put down stopping points that might involve permitting their kid to just embrace exercises which will help their schooling. Such moms won’t permit their kid to participate in friendly exercises in the apprehension that it would obstruct the youngster’s odds of coming out on top. Tiger mums are said to apply mental command over their youngsters which restricts their personality arrangement. In the event that youngsters don’t live up to their folks’ assumptions, tiger mums can genuinely coercion their kids or now and again apply low-level actual discipline. The offspring of a tiger mum are not permitted to pursue their own choices corresponding to their schooling or their life day to day. Tiger mums push their youngsters to succeed scholastically no matter what the kid’s skill, capacities or energy for examining. A kid’s day will be busy with instructive classes, even after school which will be set by the mum. This type of nurturing is adequate in Asian societies like China, South Korea, Malaysia and Philippines. While western societies, strong nurturing is seen as misuse. In spite of the fact that, youngsters raised with tiger mums have proceeded to accomplish the most significant levels of the scholarly world, studies have shown that

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