Herring V. United States
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Herring V. United States
''Herring v. United States'', 555 U.S. 135 (2009), was a case decided by the Supreme Court of the United States on January 14, 2009. The court decided that the good-faith exception to the exclusionary rule applies when a police officer makes an arrest based on an outstanding warrant in another jurisdiction, but the information regarding that warrant is later found to be incorrect because of a negligent error by that agency.. Background The evolution of the exclusionary rule "The Fourth Amendment contains no provision expressly precluding the use of evidence obtained in violation of its commands," but in '' Weeks v. United States'' (1914) and '' Mapp v. Ohio'' (1961), the Supreme Court created the exclusionary rule, which generally operates to suppress – i.e. prevent the introduction at trial of – evidence obtained in violation of Constitutional rights. "Suppression of evidence, however, has always been he court'slast resort, not tsfirst impulse. The exclusionary rule genera ...
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11th Cir
11 (eleven) is the natural number following 10 and preceding 12. It is the first repdigit. In English, it is the smallest positive integer whose name has three syllables. Name "Eleven" derives from the Old English ', which is first attested in Bede's late 9th-century ''Ecclesiastical History of the English People''. It has cognates in every Germanic language (for example, German ), whose Proto-Germanic ancestor has been reconstructed as , from the prefix (adjectival " one") and suffix , of uncertain meaning. It is sometimes compared with the Lithuanian ', though ' is used as the suffix for all numbers from 11 to 19 (analogously to "-teen"). The Old English form has closer cognates in Old Frisian, Saxon, and Norse, whose ancestor has been reconstructed as . This was formerly thought to be derived from Proto-Germanic (" ten"); it is now sometimes connected with or ("left; remaining"), with the implicit meaning that "one is left" after counting to ten.''Oxford English Dict ...
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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 ...
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United States Fourth Amendment Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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List Of United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30 ...
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List Of United States Supreme Court Cases, Volume 555
This is a list of all the United States Supreme Court cases frovolume 555of the United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...: External links {{SCOTUSCases, 555 2008 in United States case law 2009 in United States case law ...
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Parallel Construction
Parallel construction is a law enforcement process of building a parallel, or separate, evidentiary basis for a criminal investigation in order to conceal how an investigation actually began. In the US, a particular form is evidence laundering, where one police officer obtains evidence via means that are in violation of the Fourth Amendment's protection against unreasonable searches and seizures, and then passes it on to another officer, who builds on it and gets it accepted by the court under the good-faith exception as applied to the second officer. This practice gained support after the Supreme Court's 2009 ''Herring v. United States'' decision. By the United States Drug Enforcement Administration In August 2013, a report by Reuters revealed that the Special Operations Division (SOD) of the U.S. Drug Enforcement Administration advises DEA agents to practice parallel construction when creating criminal cases against Americans that are based on NSA warrantless surveillanc ...
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Fruit Of The Poisonous Tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. United States The doctrine underlying the name was first described in ''Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in '' Nardone v. United States'' (1939). Such evidence is not generally admissible in court. For example, suppose a police officer obtained a key to a train station locker in the process of conducting a search of a home that was unconstitutional on the grounds that it violated the Fourth Amendment). Any evidence of a crime came that came from that locker would most likely be excluded under the "fruit of the poisonous tree" legal doctrine. The testimony of a witness who is discovered through illegal means would not necess ...
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Journal Of Criminal Law & Criminology
The ''Journal of Criminal Law & Criminology'' ("JCLC") is a peer-reviewed, student-run academic journal published by the Northwestern University School of Law. Student editors select and edit articles submitted by professors, scholars, judges, practitioners, and students. The ''Journal'' publishes four issues per year, and hosts an annual Symposium focused on a select topic of criminal law. History The journal was established in 1910 as the ''Journal of the American Institute of Criminal Law and Criminology'' by Dean John Henry Wigmore. From 1931 to 1951 it was named ''Journal of Criminal Law and Criminology'' and from 1951 to 1972 ''The Journal of Criminal Law, Criminology, and Police Science''. It received its current name in 1973. The ''Journal'' was an outgrowth of the "National Conference on Criminal Law and Criminology," hosted at Northwestern University School of Law in 1909 in celebration of the law school's fiftieth anniversary. Consistent with the progressive agenda in ...
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Adam Liptak
Adam Liptak (born September 2, 1960) is an American journalist, lawyer and instructor in law and journalism. He is the Supreme Court correspondent for ''The New York Times''. Liptak has written for ''The New Yorker'', '' Vanity Fair'', ''Rolling Stone'', ''The New York Observer'', '' Business Week'' and other publications. He was a finalist for the Pulitzer Prize for Explanatory Journalism in 2009 for a series of articles that examined ways in which the American legal system differs from those of other developed nations. Early life and education Liptak was born in Stamford, Connecticut. He first joined ''The New York Times'' as a copyboy in 1984 after graduating ''cum laude'' from Yale University, where he was an editor of the '' Yale Daily News'', with a degree in English. In addition to clerical work and fetching coffee, he assisted the reporter M. A. Farber in covering the trial of a libel suit brought by General William Westmoreland against CBS. He returned to Yale for a ...
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The Volokh Conspiracy
The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions. Its name is a joking reference to Hillary Clinton's claim in 1998 of a "vast right-wing conspiracy" she believed was persecuting her and husband President Bill Clinton. In January 2014, ''The Volokh Conspiracy'' migrated to ''The Washington Post'', with Volokh retaining full editorial control over its content. After June 2014, the blog was behind a paywall. In 2017, the blog moved to ''Reason.'' Volokh cited his principal reason for the move was to “be freely available to the broadest range of readers” and to have more editorial independence. Background The Volokh ...
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Orin Kerr
Orin Samuel Kerr (born June 2, 1971) is an American legal scholar and professor of law at the UC Berkeley School of Law."Faculty , UC Berkeley School of Law"Orin Kerr faculty profile/ref> He is known as a scholar in the subjects of computer crime law and internet surveillance. Kerr is one of the contributors to the law-oriented blog titled ''The Volokh Conspiracy''. Early life Kerr was born in 1971 in New York. His father is a survivor of the Holocaust. After graduating from Tower Hill School in Wilmington, Delaware, in 1989,Atkins, Hugh. "Orin Kerr '89: Author, Blogger, Musician and Teacher".''Tower Hill Bulletin'', vol. 48, no. 1 (Spring/Summer 2011) Retrieved 2013-10-24. Kerr studied mechanical engineering and aerospace engineering at Princeton University, graduating in 1993 with a Bachelor of Science in Engineering ''magna cum laude''. He then did graduate study in mechanical engineering at Stanford University, where he received a Master of Science degree in 1994. Kerr ...
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Tom Goldstein
Thomas Che Goldstein (born 1970) is an American lawyer known for his advocacy before and blogging about the Supreme Court of the United States. He was a founding partner of Goldstein and Howe (now Goldstein & Russell), a Washington, D.C., firm specializing in Supreme Court litigation, and was, until the end of 2010, a partner at Akin Gump, where he was co-head of the litigation and Supreme Court practices. In 2003, he co-founded ''SCOTUSblog'', the most widely read blog covering the Supreme Court, and remains the publisher and occasional contributor, providing analyses and summaries of Supreme Court decisions and cert petitions. He has taught Supreme Court Litigation at Harvard Law School since 2004, and at Stanford Law School from 2004-2012. Education He graduated from the University of North Carolina at Chapel Hill with a Bachelor of Arts in 1992 and from the American University Washington College of Law with a Juris Doctor in 1995. After law school he clerked for Chief Judge P ...
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