Criminal Procedure Probable Cause Article Sample Essay

Probable cause must be present when stopping a citizen for a traffic violation. Officers must follow rules just like the people in the community or face consequences. This paper will describe the article titled “Judge Throws out Lance DUI Case” and analyze the requirements for search and arrest warrants and how they relate to probable cause. Journalist Peter Lance was pulled over early in the morning on New Year’s Day when Officer Bruno Peterson said he observed Lance’s car stopped at a green light for three to five seconds. Officer Peterson said he pulled on side of Lance and saw him looking down so he shone his light toward the car.

Lance then looked at the officer then looked back down into his lap before looking up and driving through the green light. Lance was pulled over a block-and-a-half later and when the departments drinking and driving officer showed up and conducted the investigation. After conducting the investigation the arresting officer Beutel, reported that Lance failed his breathalyzer and field sobriety test. The case went before a judge and both sides presented their stories and evidence. After hearing both sides, the judge decided to dismiss the case saying Officer Peterson did not have probable cause to stop Peter Lance to begin with. Meagher, 2011). An officer cannot retrieve a search or arrest warrant based on their belief or suspicion.

An application for a warrant must be supported by a sworn, detailed statement made by a law enforcement officer appearing before a neutral judge or magistrate. Probable cause must exist and the facts must provide a reasonably trustworthy basis that a crime has been committed or about to happen. Probable cause can also come from reliable police informants even though those statements cannot be tested by a magistrate. Along with probable cause, a warrant must also “particularly” describe the person or place being seized.

Warrants must provide enough detail by identifying things like the apartment, hotel, or multiple-unit building. The warrant must also describe the individual involved so they can be distinguished from others in the general population. (“Findlaw”, 2012). In this article probable cause did not exist which caused the judge to dismiss the case and the evidence presented. The stop was considered unreasonable because Peter Lance’s attorney convinced the judge that people sit at green lights by accident all the time and it is not reasonable to pull every car over because of it. Probable cause and reasonableness must exist to have a successful case.

Sujata Bhatt – Different History Summary

The poetess Sujata Bhatt, while writing this poem has given importance to the culture and various religions in India. She has emphasized in her poem by repeating words and questions and thereby making her poem stronger. She writes about Indian traditions, lost identities, importance of language, cultural difference to create different moods and themes. In the first part of the poem, she concentrates on respect for education and learning. She claims that in Indian religion every object is sacred. There is God in trees. You should treat your books as the goddess of knowledge. You should be gentle when turning the pages of the book that you read for knowledge of religion.

She has written this poem describing the British colonization days when the British oppressed the Indians. They force them to learn the English language though in India various languages were spoken. She is annoyed at this attitude of the British. She also explains how British tried to change the identities of the people of India with a scythe. She claims that the future generation will love this strange language like they love their mother tongue. According to her language had been used as a weapon to target its victims in a figurative sense.

The poem appeals to the reader because it is full of culture of a different country. In the initial stage it is descriptive and then changes to interrogative. The cultural background of Sujata is reflected in the first part of the poem. She has referred to God and books to talk about Indian culture. As you read the poem further you realize that she is talking about learning a new language. She admits that, in spite of having to learn 4 languages she had to adapt herself to the English language. She compares herself with any one, who would feel scared to learn a new language because of ending up in making mistakes.

She is of the opinion that when you learn a new language, its start dominating you especially when it is the lingua franca of a particular country. It is just like the British forced upon India to adapt to the English language. She also suggest in her line ‘languages kills’, she is against this forced learning. But she claims that after a few years, they all speak the language which they are forced to, sacrificing their culture. In this way the children grow up forgetting their mother tongue and learn a foreign language and even adapt to their culture.

We feel that ‘A Different History’ is a poem that tells us about a different language. It also tells how a change of culture affects the people of a country. This is when a foreign rule forces you to adapt to their life style, learn their language and inculcate their culture in you. She makes references to Indian gods and goddesses. This makes the poem appealing as the reader wants to gain knowledge and learn about Indian culture. But as you read further it is about learning a new language. She claims that she found it very hard and had to go through great difficulties in learning the Indian traditional language and the English language. She calls this language as a strange language because at that time she was very young. She refers to this foreign language as an oppressor language. It affects not only the mother tongue of the people but also changes their culture, way of living and many adapt to new religion.

Sujata Bhatt was born in Pune in the year 1956. At the age of 12 she migrated with her parents to the US. She completed her education and received a Master’s in Fine Arts from the University of Iowa. Later in Canada she went on to be a resident writer at the University of Victoria in Canada. In recent years she was in Pennsylvania at Dickinson College as a visiting fellow. She is a well known poetess at present and resides in Bremen, Germany with her daughter and husband. She has won accolades and awards for her poems not only in Asia but also in other parts of the world. In 1991 she receives a Cholmondeley.

Sujata considers language as a physical act of speaking, which is synonymous with the tongue. She considers her mother tongue Gujarati and her childhood in India as the deepest layer of her identity. Then ironically she claims that she has chosen English as the language she speaks in. She uses the same in her daily life and by large chooses to right her poems in English. In most of her works she depicts repercussions of this divided heritage. She explains the complex status of English. She has the art to convey ironically the beauties of English and colonial implications in her poem in a different history.

She informs about her grandfather being in prison during the British days who in order to comfort himself during his time in prison read Tennyson. She has written wonderful poems but all of them had some or the other relation with Indian and Western culture. Sujata acknowledges that language splits you from experience but through the strength of her writing she brings you closer to it.

In conclusion Sujata Bhatt expresses to the generation of today by giving example of the British rule in India. How many Indians had to give up their culture, their mother tongue and forced to do everything English. Of course today such type of an oppressive rule is impossible. You cannot force someone to change his religion or culture and learn a foreign language under duress. The British not only brought about a change in India but also in all its colonies spread over the world. Today English has become an international language. But if you ask anyone who is not a British how he feels about the language, most of them will be proud to tell you like the poetess herself that they have been educated in English. And this is the language in which they freely converse and they are comfortable with.

Making A Fist By Naomi Shihab Nye Analysis

Examining “Making A Fist”

Nye employs visual imagery to convey the message that living life to the fullest requires confidence. In lines 4-6, Nye describes her experience as a child, stating, “I was seven, I lay in the car/ watching palm trees swirl a sickening pattern past the glass.” Through these powerful images, Nye enables the reader to vividly imagine the captivating sight of palm trees swirling in a nauseating pattern outside the car window. This depiction evokes a scene of the speaker on a road trip, observing her past life fading away while embarking on a new journey. Though she remains physically still, the speaker embraces this moment as an opportunity for personal growth and fully embraces life’s potential.

Nye incorporates different techniques to emphasize the message of gaining confidence and living life to the fullest. Alongside visual imagery, there is also a flashback to childhood where she says, “I was seven.” This serves as a demonstration of the speaker’s growth and development over time. Additionally, Nye describes how “palm trees swirl a sickening pattern” to further illustrate the importance of confidently embracing life. Furthermore, she creates a powerful visual image when she writes, “I who did not die, who am still living…clenching and opening one small hand.” This image symbolizes the speaker’s need to learn and experience life fully.

Despite having many uncertainties about life, the speaker understands the importance of embracing life and its opportunities. The metaphor of clenching and opening one’s hand emphasizes this realization. By mentioning lying in the backseat, the speaker highlights that learning experiences occur throughout life. Additionally, the poet’s rebellious tone is evident through the use of the fist imagery and the poem’s free verse structure without a rhyme scheme. Nye further employs imagery to illustrate the necessity of fully experiencing life.

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