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Coolidge V. New Hampshire
''Coolidge v. New Hampshire'', 403 U.S. 443 (1971), was a United States Supreme Court case dealing with the Fourth Amendment and the automobile exception. The state sought to justify the search of a car owned by Edward Coolidge, suspected of killing 14-year-old Pamela Mason in January 1964, on three theories: automobile exception, search incident to arrest, and plain view. Facts 14-year-old Pamela Mason of Manchester, New Hampshire Manchester is a city in Hillsborough County, New Hampshire, United States. It is the most populous city in New Hampshire. At the 2020 census, the city had a population of 115,644. Manchester is, along with Nashua, one of two seats of New Ha ... placed an ad in the window of a local merchant offering to babysit. On January 13, 1964, she was picked up by a man who had called her, saying that he needed a babysitter. He picked her up to take her to the alleged babysitting location but she was never seen again. Eight days later, Mason was foun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Automobile Exception
The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant. Description The motor vehicle exception was first established by the United States Supreme Court in 1925, in ''Carroll v. United States''. The motor vehicle exception allows officers to search a vehicle without a search warrant if they have probable cause to believe that evidence or contraband is in the vehicle.Hendrie, E. (August 2005).The Motor Vehicle Exception" ''FBI Law Enforcement Bulletin'', 74, Retrieved August 14, 2006 The exception is based on the idea that there is a lower expectation of privacy in motor vehicles because of the regulations under which they operate. Also, the ease of mobility creates an inherent exigency to prevent the removal of evidence and contraband. In '' Pennsylvania v. Labro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Incident To Arrest
Searching or search may refer to: Computing technology * Search algorithm, including keyword search ** :Search algorithms * Search and optimization for problem solving in artificial intelligence * Search engine technology, software for finding information ** Enterprise search, software or services for finding information within organizations ** Web search engine, a service for finding information on the World Wide Web Music * Search (band), a Malaysian rock band * "Searchin'", a 1957 song originally performed by The Coasters * "Searching" (China Black song), a 1991 song by China Black * "Searchin'" (CeCe Peniston song), a 1993 song by CeCe Peniston * "Searchin' (I Gotta Find a Man)", a 1983 dance song by Hazell Dean * "Searching" (INXS song), a 1997 song by INXS * "Searching" (Pete Rock & CL Smooth song), a 1995 song from the Pete Rock & CL Smooth album ''The Main Ingredient'' * ''Searching'', a 2013 album by Jay Diggins * "Searching", a 1980 single by Change * "Searching ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain View Doctrine
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by Transportation Security Administration (TSA) officers while screening persons and property at U.S. airports.Why We Do What We Do: When Security Officers Find Illegal Items at the Checkpoint For the plain view doctrine to apply for disco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manchester, New Hampshire
Manchester is a city in Hillsborough County, New Hampshire, United States. It is the most populous city in New Hampshire. At the 2020 census, the city had a population of 115,644. Manchester is, along with Nashua, one of two seats of New Hampshire's most populous county, Hillsborough County. Manchester lies near the northern end of the Northeast megalopolis and straddles the banks of the Merrimack River. It was first named by the merchant and inventor Samuel Blodgett, namesake of Samuel Blodget Park and Blodget Street in the city's North End. His vision was to create a great industrial center similar to that of the original Manchester in England, which was the world's first industrialized city. History The native Pennacook people called Amoskeag Falls on the Merrimack River—the area that became the heart of Manchester—''Namaoskeag'', meaning "good fishing place". In 1722, John Goffe, John Goffe III settled beside Cohas Brook, later building a dam and sawmill at what was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications in law, and number 4 in Mikhail Koulikov's rankings of law reviews by social impact. The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries, and notes. The seventh issue is traditionally its symposium issue, which is dedicated to articles on a particular topic. The ''Review'' also publishes the ''Texas Law Review Manual on Usage & Style'' and the ''Texas Rules of Form: The Greenbook'', both currently in their fourteenth editions. The ''Texas Law Review'' is wholly owned by a parent corporation, the Texas Law Review Association, rather than by the school. Admission to the ''Review'' is obtained through a "write-on" process at the end of each academic year. Well over half of each clas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
