ESR gang injection

write an essay on the U.S. Constitution and how it relates to the (Criminal Law) course subject matter. You are to take an importance in the 4th, 5th, 6th, 8th, and
14th Amendments.
SAMAHA – CHAPTER 12 CRIMES AGAINST PUBLIC ORDER AND MORALS WILL BE AN EXCELLENT SOURCE FOR THIS ASSIGNMENT. Read and critically analyze what is said in this chapter.
Make sure to set aside what is believed to work for this specific assignment from this reading.
First, CRITICALLY ANALYZE AND EVALUATE the two attachments at the top of the prompt. Be sure to note ANY and ALL information that you believe is important and relevant
to the assignment.
By now you should have read the U.S. Constitution. Since you should be familiar with the Constitution, take a criminal law perspective towards the following as they
will be of importance to the essay: Preamble; Articles 1, 2, & 3; Amendments 1-10 and 14.
http://www.law.cornell.edu/constitution/
Once you have read AB 109/117 and the U.S. Constitution, you are to discuss the following within your paper: THE EASTSIDE RIVA HAS A GANG INJUNCTION THAT WAS REQUESTED
BY THE DISTRICT ATTORNEY ROD PACHECO AND APPROVED BY THE RIVERSIDE SUPERIOR COURT, JUDGE EDWARD WEBSTER. THE GANG INJUNCTION IS FOR SPECIFIED CRIMINAL ACTIVITY.
http://www.sdcda.org/preventing/gangs/petition-for-removal-from-gang-injunction.pdf
https://en.wikipedia.org/wiki/Gang_injunction
Is the following Riverside Press Enterprise article significant to the assignment? Your reasoning should be given from a criminal justice perspective NOT from your own
personal perspective.
Gang member sentenced for killing boy, 13 – http://www.myvalleynews.com/story/44732/
Once you have critically read, analyzed and evaluated the essentials for this assignment you are to complete the following:
Give answers to the following:

What does the Constitution say in the areas of…
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; PRIVACY
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; FREEDOM
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; SEARCHES
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; ATTORNEY REPRESENTATION
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; EVIDENCE USAGE FOR THE U.S. CITIZEN CHARGED WITH A CRIME
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; HOW AN ILLEGAL IMMIGRANT WOULD BE HANDLED IN THE SAME CIRCUMSTANCES AS A CITIZEN
UNDER THE U.S. CONSTITUTION.
•&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ;&νβσπ; THE APPLICABILITY OF THE U.S. CONSTITUTION ON PROBATION AND PAROLE SEARCHES AS THEY
RELATE TO THE EAST SIDE RIVA GANG.

PROBATION – PAROLE SEARCHES:
If an adult or juvenile is on searchable probation, you may search that person and any property under his or her control without any particularized suspicion and
without first contacting the probation officer. (Bravo (1987) 43 Cal.3d 600, 609-610; Tyrell J. (1994) 8 Cal.4th 68, 87 (overruled on other grounds).) Probation search
conditions remain in effect until probation is formally revoked even if the probationer is in custody awaiting revocation proceedings. (Barkins (1978) 81 Cal.App.3d
30; see also Hunter (2006) 140 Cal.App.4th 1147.)

According to a long line of Ninth Circuit cases, the Fourth Amendment requires a warrantless probation search to be supported by "reasonable suspicion,"
whereas California cases permit a search without any suspicion, provided that its purpose is not to harass the probationer. (Compare Ooley (9th Cir. 1997) 116 F.3d
370, 372, with Bravo (1987) 43 Cal.3d 600, 602, 611;

Parole and Probation Searches. If an officer knows that a person connected to the vehicle is on parole or on searchable probation, the vehicle may be searched pursuant
to the parolee’s or probationer’s search condition.

PC §186.22 PARTICIPATION IN CRIMINAL STREET GANG
(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity,
and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.

(b) (1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with
any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:

(A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court’s discretion.
(B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.
(C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.