Problem
As a clerk for an Associate justice of the U.S. Supreme Court, prepare a 4 to 5 page opinion for the Court based on the following facts:
James Smith was arrested for burglarizing his next door neighbor's apartment in the state of California, The friend of Mr. Smith who is also the neighbor does not have a warrant and he forces his apartment front door and saw his property. The neighbor calls the police and immediately arrests Mr. Smith for burglary and possession of stolen property out of fear that Mr. Smith would get rid of the property before a search warrant is presented. Mr. Smith's convictions in the state and federal court were upheld, and it is now before the U.S. Supreme Court. Prepare the Court's response to the challenge that Mr. Smith's constitutional rights were violated.
Be sure to include the following in your opinion:
• Identify specific examples in the language of prior decisions
• Examine some of the arguments used by the framers of the Constitution while debating the language of the documents.
• Include any philosophical underpinning that might influence the Court's ruining.
• Include any social forces that could be useful to guide the decision
• Outline major philosophical arguments of the U. S. Supreme Court in such cases as Weeks v. United States and Mapp v. Ohio.
Use specific references to support your position from the U.S. Constitution and the philosophical perspective of the U.S. Bill of Rights, which helped shape constitutional law in the Untied States.
The response should include a reference list. Using one-inch margins, Times New Roman 12 pnt font, double-space and APA style of writing and citations.