Security in United States

Security Definition

That which renders a matter sure; an instrument which renders more certain the performance of a contract. Anything that makes money more assured in its payment, or more readily recoverable, as distinguished from a mere evidence of debt. A person who becomes the surety for another, or who engages himself for the performance of another’s contract (…), or who engages himself for the performance of another’s contract. (1)

Security of Home and Person: Constitutional Issues

The 3rd Amendment: Forbids the housing of soldiers in private homes. Never been the subject of a Supreme Court case.
The 4th Amendment: Designed to prevent the use of writs of assistance (see Blanket search warrants).
Probable Cause: Police officers cannot search for evidence unless they have a warrant. Must be based on probably cause (a reasonable suspicion of crime). See information about a reasonable suspicion of crime.
Arrest: The Seizure of a person. Do not need a warrant to arrest an individual.
Automobiles: The Supreme Court has held that officers do not need search warrants for vehicles. Just need probable Cause.
The Exclusionary Rule: Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized. Adopted by the Courts, even though not explicitly stated in the 4th amendment. Rule was laid down in Weeks v. United States,1914.
Map v. Ohio: This 1961 case expanded the Exclusionary rule to states based on the 14th Amendment.
Cases Narrowing the Scope of the Exclusionary Rule: Multiple cases through the years have allowed some police mistakes regarding evidence. Drug Testing. The Court has held that they can be conducted without either warrants or even any indication of drug use by those who must take them.
Wiretapping: Kratz v. United States, 1967 found evidence found through wiretapping was not eligible in court. However, recent cases involving cell phone wiretapping has not been found unconstitutional.

Definition of Security in the Uniform Securities Act (2002)

“Security” means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a “security”; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. The term: (A) includes both a certificated and an uncertificated security; (B) does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed [or variable] sum of money either in a lump sum or periodically for life or other specified period; (C) does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974; (D) includes as an “investment contract” an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor and a “common enterprise” means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and (E) includes as an “investment contract,” among other contracts, an interest in a limited partnership and a limited liability company and an investment in a viatical settlement or similar agreement.

Security in the Criminal Justice System

This section covers the topics below related with Security :

Corrections

Facilities

Closed-Circuit Television (CCTV) Resources

Concept of DHS

In relation to immigration and citizenship, DHS is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for the Department of Homeland Security.

Security

In Legislation

Security in the U.S. Code: Title 49, Subtitle VII, Part A, Chapter 449

The current, permanent, in-force federal laws regulating security are compiled in the United States Code under Title 49, Subtitle VII, Part A, Chapter 449. It constitutes “prima facie” evidence of statutes relating to Transportation (including security) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Aviation Programs and Transport Programs of the US Code, including security) by chapter and subchapter.

Resources

Notes

1. This definition of Security is based on The Cyclopedic Law Dictionary.

Security

Security in United States

Security Definition

Security of Home and Person: Constitutional Issues

Definition of Security in the Uniform Securities Act (2002)

Security in the Criminal Justice System

Corrections

Facilities

Closed-Circuit Television (CCTV) Resources

Concept of DHS

Security

In Legislation

Security in the U.S. Code: Title 49, Subtitle VII, Part A, Chapter 449

Resources

Notes

See Also

Further Reading (Articles)

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