Free «Constitutional Issues in Missouri v. Mcneely and Clapper v. Amnesty International USA» UK Essay Paper

Free «Constitutional Issues in Missouri v. Mcneely and Clapper v. Amnesty International USA» UK Essay Paper

Background of the cases

In the case of Missouri v. Mcneely, a police officer, without a search warrant, collected a blood sample from a drunk driver (Missouri v. Mcneely, 2012). The accused is seeking for court interpretation on whether the action of the police officer is constitutional. The drunk driver in this case is arguing that the act of police officer taking blood sample without his permission contravenes the Fourth Amendment of the American Constitution. The Constitution clearly defines circumstances, under which the police can search an individual or properties without a warrant. In the second case, Clapper v. Amnesty International USA, the plaintiff was accusing the United States government of acquiring their international communication without following the due legal process (Clapper v. Amnesty, 2012). The plaintiffs are seeking the interpretation of the Supreme Court on this constitution matter. The act of the USA to acquire the communication lines of the company without following the due legal process was not received well by the plaintiff, leaving them with no option but to seek for a court interpretation over the action of the government. The action of the government is contrary to Article III of the Constitution, as claimed by the plaintiff, as they denied the organization privacy over its activities.

Constitutional Issues Involved

In the case of Misssouri v. Mcneely, the constitutional issue involved is whether the police can carry out warrantless and nonconsensual blood sample according to the exigent circumstances (Missouri v. Mcneely, 2012). There are circumstances when the police officers can carry out a search on a property or an individual without having to seeking for search warrant. The question in this case is whether the circumstances under which the police officer took blood sample was within the provisions of the Constitution. In the case of Clapper v. Amnesty International USA, the constitutional issue involved is whether the USA government action against Amnesty International contravened Article III (Risen & ELichtblau, 2005). There is the right to privacy and the organization involved is concerned whether the action by the government respected this constitutional provision.

Court Decision

In case one, the court is likely to hold that the police did not contravene the constitution provision on the Fourth Amendment because the circumstances, under which the police officer found himself, forced him take blood sample from the suspected driver. The court will therefore argue that exigent circumstance existed in this scenario. The act of the policeman was in good faith and was aimed at preventing possible crime. Therefore, the action taken by the police with an intention of preventing crime warranted the police officers to take the blood sample. In case two, the court will hold that the action of USA against the plaintiff did not contravene the Constitution (Clapper v. Amnesty, 2012). The defendant did manage to prove that the action contravenes Article III of the Constitution. The government action was in the best interest of the American people and did not contravene the Constitution. As long as the action of the government was intended to protect the interest of the American people, the action did not contravene the article.

Impact of the Cases

The decision of the court in the first case will empower the police force in their investigations, thus enabling them to fight crimes under all circumstances without fear of the legal implication of their action (Missouri Missouri v. Mcneely, 2012). The decision is case two is likely to set a bad precedent. This might be seen as an interference with the privacy of individuals. Therefore, it might have a poor reception among other players. For instance, companies might seek other methods of communication to avoid disclosing confidential information to third parties.

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