Writing Assignment #2: Supreme Court Decision In this assignment, you will be a Supreme Court Justice deciding on a Fourth Amendment case. Carefully read about the case in question, the summaries of related Supreme Court decisions, and directions for the assignment. The Case “Doe v. City of Intrusia”: Trouble was brewing in the small, quiet city of Intrusia. Someone was selling methamphetamine to the local teenagers and a popular football player died after an overdose. The community was panicked and demanded that the police find the source of the meth and shut it down immediately. The police suspected that 20 year old Joe Doe was selling the meth but they didn’t have much evidence. The state prosecutor advised the police department to talk with the local cell phone carrier about “cloning” Mr. Doe’s phone. The cell phone carrier created a “clone” phone which allowed the police to read text messages sent and received by Mr. Doe. In no time the police had evidence implicating Mr. Doe as a dealer and the location of the meth lab. Mr. Doe was convicted and the meth lab was closed. Mr. Doe is appealing his conviction, claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all evidence from the text messages should have been excluded from his trial. The City of Intrusia argues that there was no physical intrusion into Mr. Doe’s space and that police were acting quickly in order to uphold their duty to protect the community’s safety. Background: In Silverman v. United States the Supreme Court held that that the Fourth Amendment does not protect conversations, therefore wiretapping does not constitute a search and seizure. The case was reversed in Katz v. United States, when Justice Harlan proposed a two pronged test of whether public actions should be considered private and therefore protected. 1) Has the person exhibited an expectation of privacy? and 2) is the expectation of privacy one that society is prepared to recognize as 'reasonable.'? In more recent decisions, the Supreme Court has found that society is not prepared to extend privacy rights to bank customers regarding their bank statements and that society was not prepared to recognize a privacy right-to grow a backyard crop of marijuana. The Questions: · Does the Fourth Amendment protect text messages sent over a cell phone? · Is there a “reasonable expectation of privacy” when texts are sent? · Did Mr. Doe exhibit an expectation of privacy when he sent the texts? · Is there a societal expectation of privacy in the process of text messaging? Related Supreme Court Decisions (each case is linked to a short description on Oyez.com): Court Case Question Olmstead v. United States (1928) Did the use of evidence disclosed in wiretapped private telephone conversations; violate the recorded party’s Fourth and Fifth Amendments? Katz v. United States (1967) Does the Fourth Amendmen.

1. Writing Assignment #2: Supreme Court Decision
In this assignment, you will be a Supreme Court Justice
deciding on a Fourth Amendment case. Carefully read about
the case in question, the summaries of related Supreme Court
decisions, and directions for the assignment.
The Case “Doe v. City of Intrusia”:
Trouble was brewing in the small, quiet city of Intrusia.
Someone was selling methamphetamine to the local teenagers
and a popular football player died after an overdose. The
community was panicked and demanded that the police find the
source of the meth and shut it down immediately. The police
suspected that 20 year old Joe Doe was selling the meth but
they didn’t have much evidence.
The state prosecutor advised the police department to talk with
the local cell phone carrier about “cloning” Mr. Doe’s phone.
The cell phone carrier created a “clone” phone which allowed
the police to read text messages sent and received by Mr. Doe.
In no time the police had evidence implicating Mr. Doe as a
dealer and the location of the meth lab. Mr. Doe was convicted
and the meth lab was closed.
Mr. Doe is appealing his conviction, claiming that the
interception of text messages violated the unreasonable search
and seizure protections of the Fourth Amendment. Furthermore,
all evidence from the text messages should have been excluded
from his trial.
The City of Intrusia argues that there was no physical intrusion
into Mr. Doe’s space and that police were acting quickly in
order to uphold their duty to protect the community’s safety.
Background:

2. In Silverman v. United States the Supreme Court held that that
the Fourth Amendment does not protect conversations, therefore
wiretapping does not constitute a search and seizure. The case
was reversed in Katz v. United States, when Justice Harlan
proposed a two pronged test of whether public actions should be
considered private and therefore protected. 1) Has the person
exhibited an expectation of privacy? and 2) is the expectation
of privacy one that society is prepared to recognize as
'reasonable.'?
In more recent decisions, the Supreme Court has found that
society is not prepared to extend privacy rights to bank
customers regarding their bank statements and that society was
not prepared to recognize a privacy right-to grow a backyard
crop of marijuana.
The Questions:
· Does the Fourth Amendment protect text messages sent over a
cell phone?
· Is there a “reasonable expectation of privacy” when texts are
sent?
· Did Mr. Doe exhibit an expectation of privacy when he sent
the texts?
· Is there a societal expectation of privacy in the process of text
messaging?
Related Supreme Court Decisions (each case is linked to a short
description on Oyez.com):
Court Case
Question
Olmstead v. United States (1928)
Did the use of evidence disclosed in wiretapped private
telephone conversations; violate the recorded party’s Fourth and
Fifth Amendments?
Katz v. United States (1967)
Does the Fourth Amendment protection against unreasonable

3. searches and seizures require the police to obtain a search
warrant in order to wiretap a public pay phone?
United States v. Miller (1975)
Were Miller’s bank records illegally seized in violation of the
Fourth Amendment?
Smith v. Maryland (1979)
Does the installation and use of a pen register constitute a
search under the Fourth Amendment?
California v. Ciraolo (1986)
Did the warrantless, aerial observation of Ciraolo’s back yard
from an altitude of 1,000 feet constitute an illegal search and
violate the Fourth Amendment?
Bond v. United States (2000)
Does a law enforcement officer’s physical manipulation of a bus
passenger’s carry-on luggage violate the Fourth Amendment’s
protection against unreasonable searches?
Kyllo v. United States (2001)
Does the use of a thermal-imaging device to detect relative
amounts of heat emanating from a private home constitute an
unconstitutional search in violation of the Fourth Amendment?
The Assignment:
· Write an opinion as if you were a judge deciding this case.
Please note that the term "opinion" here does NOT mean an
expression of your personal views! Instead, it means a formal
statement of the legal reasons and principles defending your
conclusion of whether text messages are protected under the
Fourth Amendment.
· To help you in making your decision, please read the
summaries of past Fourth Amendment rulings.
· As you read through the Supreme Court decisions above, look
at how justices have crafted their decisions, and learn from
them. Use these as models for your paper.
· Write clearly and concisely. State your decision, and defend it.

4. · Cite precedent and the Constitution.
· Refer to at least 3 of the cases featured above.
· Write a minimum of 500 words.
· Use college-level writing.
· Save and submit through the "View/Complete Assignment"
link below.
Title
ABC/123 Version X
1
Project Management E-Mail
OPS/571 Version 5
2
University of Phoenix MaterialProject Management E-Mail
Dear Project Manager:
We have three project proposals to consider in next week’s
Project Management Office’s (PMO) Review. Piper Industries
Corp. needs the projects to be complete and to be generating
revenue within 12 months of next week’s PMO Review.
Wendell Deirelein, our vice-president, has assigned your team
to analyze the three projects below and make a recommendation
on which project the company should invest in. The
recommendation must include your team description of the five
phases of the project and the key deliverables (project
completion date and cost) for each project.
Project Code Name: Juniper
· This is an enhancement of a current widget being offered by
our company.

5. · Risk of completion of this project on time is low.
· Product plan shows the critical path to be 6 months at a cost of
$325,000 to bring the product to market.
· Product is forecasted to have a ROI of $250,000 for a period
of 2 to 3 years.
· The third year is forecasted to be the end of life for this
product line due to advances projected in technology.
· This is a standard product line that marketing believes many
customers will want to purchase.
Project Code Name: Palomino
· This is a new line of widget products including enhancements
using existing technology.
· Risk for completion of this project on time is medium.
· Production plan shows the critical path to be 9 months at a
cost of $655,000 to bring the product to market.
· Product is forecasted to have a ROI of $450,000 for a period
of 5 years.
· This product will be a custom part for one of your strategic
customers—historically the forecasts from this customer have a
5% margin of error.
· The seventh year is forecasted to be the end of life for this
product by the customer.
Project Code Name: Stargazer
· Research and development has already started on our new
widgets. The company has spent $450,000 on this product so far
and the estimate to bring this product to market is $575,000.
· Risk of completing this project on time is high.

6. · Product is forecasted to have ROI of $300,000 first year;
$550,000 the second year; and $750,000 the third year.
· The product life is forecasted to be 7 years for this product.
(This forecast included derivative product which will cost
more).
· By delivering such an innovative product to the market place
first, your organization will be seen as a leader in this industry.
· Your sales and marketing teams have discussed this type of
product with a few of your strategic customers; while some are
interested, there are many questions about the business.
Sincerely,
Ray Gritsch
Piper Industries Corporation
Copyright © XXXX by University of Phoenix. All rights
reserved.
Copyright © 2012 by University of Phoenix. All rights reserved.
Exceeds Expectations
Meets Expectations
Slightly Below Expectations
Below Expectations
Quality of Writing (12 points)
Sentence Structure
All sentences are well-constructed with varied structure.
4 points
Most sentences are well-constructed with varied structure.
3 points
Some sentences are well-constructed but some lack structure
and appear incomplete or rambling.

7. 2 points
Sentences lack structure and appear incomplete or rambling.
0-1 points
Grammar, Spelling, Punctuation & Capitalization
Writer makes no errors in grammar, spelling, punctuation or
capitalization so the paper is exceptionally easy to read.
4 points
Writer makes 1-2 errors in grammar, spelling, punctuation or
capitalization but the paper is still easy to read.
3 points
Writer makes a few errors in grammar, spelling, punctuation or
capitalization that catch the reader's attention and distract the
reader from the content.
2 points
Writer makes several errors in grammar, spelling, punctuation
or capitalization that catch the reader's attention and greatly
distract the reader from the content.
0-1 points
Organization
Information is very organized with well-constructed paragraphs
and subheadings.
4 points
Information is organized with well-constructed paragraphs.
3 points
Information may be disorganized, paragraphs are not well-
constructed therefore distracting the reader.
2 points
The information is disorganized and difficult for the reader to
understand.
0-1 points
Quality of Sources (12 points)
Number of Supreme Court Cases Referenced

8. At least three Supreme Court Cases are referenced as precedent
in paper.
9-12 points
Two Supreme Court Cases are referenced as precedent in the
paper.
5-8 points
One Supreme Court Case is referenced as precedent in the
paper.
1-4 points
No Supreme Court Cases are referenced as precedent in the
paper.
0 points
Quality of Information (26 points)
Accuracy
All facts are reported accurately.
7-8 points
Almost all facts are reported accurately.
4-6 points
Most facts are reported accurately.
2-3 points
Most facts are not reported OR are inaccurately reported.
0-1 points
Amount of Information
The questions of the case are addressed and answered
completely.
7-8 points
The questions of the case are addressed but not answered
completely.
4-6 points
Only one of the questions posed in the case was answered.
2-3 points
Neither of the questions posed in the case was answered.
0-1 points
Quality
The opinion clearly and concisely defines the issues in the case

9. and provides a well reasoned logical analysis of whether the
police actions violated the Fourth Amendment
7-10
The opinion is mostly clear but may lack in reasoning or logic.
6-8 points
The opinion is somewhat unclear, rambling or lacking in logical
reasoning or does not clearly define the issues in the case.
3-5 points
Information has little or nothing to do with case or question.
The attempt is minimal or unintelligible.
0-2 points