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U.S. V. Hatch
''United States v. Hatch'', 931 F.2d 1478 (11th Cir. 1991), cert. denied, is a United States Court of Appeals for the Eleventh Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution. The defendant challenged a conviction for drug related offenses for growing marijuana on the basis that the area searched by the police was within the "curtilage" of his home in Palm Beach County, Florida Palm Beach County is a county located in the southeastern part of Florida and lies directly north of Broward County and Miami-Dade County. The county had a population of 1,492,191 as of the 2020 census, making it the third-most populous county .... He specifically argued that because the fence surrounding his home was unfinished in the direction where the drugs were discovered that the area was still within the "curtilage." The Court of Appeals did not agree, stating: Also central to the court's findings was the pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ... [...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] |
Gerald Bard Tjoflat
Gerald Bard Tjoflat (born December 6, 1929) is an American lawyer and Senior United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. Education and career Tjoflat was born in Pittsburgh, Pennsylvania. He served in the United States Army from 1953 to 1955, attaining the rank of corporal. Tjoflat earned his Bachelor of Laws from Duke University School of Law in 1957. He was in private practice in Jacksonville, Florida from 1957 to 1968 and served as a judge of the Fourth Judicial Circuit of Florida in Jacksonville from 1968 to 1970. Federal judicial service President Richard Nixon nominated Tjoflat to the United States District Court for the Middle District of Florida on October 7, 1970, to a new seat created by 84 Stat. 294. He was confirmed by the United States Senate on October 13, 1970, he received his commission three days later. His service terminated on December 12, 1975, due to his elevation to the Fifth Circuit. President Gerald Ford nom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Alonzo Clark
Thomas Alonzo Clark (December 20, 1920 – September 4, 2005) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit and later the United States Court of Appeals for the Eleventh Circuit. Education and career Born on December 20, 1920 in Atlanta, Georgia, Clark received a Bachelor of Science degree from Washington and Lee University in 1942 and was in the United States Naval Reserve during World War II, from 1942 to 1946. He received a Bachelor of Laws from the University of Georgia School of Law in 1949, and was in private practice in Bainbridge, Georgia from 1949 to 1955, in Americus, Georgia from 1955 to 1957, and in Tampa, Florida from 1957 to 1979. He was also an instructor at Georgia Southwestern College from 1956 to 1957. Federal judicial service On August 28, 1979, Clark was nominated by President Jimmy Carter to a new seat on the United States Court of Appeals for the Fifth Circuit created by 92 Stat. 1629. He was confirmed by t ... [...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] |
Open-fields Doctrine
The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny." History The open fields doctrine was first articulated by the U.S. Supreme Court in ''Hester v. United States'', which stated that "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects,' is not extended to the open fields." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, [or] effects." This method of r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open Fields Doctrine
The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny." History The open fields doctrine was first articulated by the U.S. Supreme Court in '' Hester v. United States'', which stated that "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects,' is not extended to the open fields." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, reffects." This method of rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curtilage
In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated " open fields beyond". In feudal times every castle with its dependent buildings was protected by a surrounding wall, and all the land within the wall was termed the curtilage. The term excludes any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants, with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated. In some legal jurisdictions, the curtilage of a dwelling forms an exterior boundary, within which a home owner can have a reasonable expectation of privacy and where "intimate home activities" take place. It is a basic legal concept underlying the concepts of search and seizure, conveyancing of real property, burglary, trespass, self-defense, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palm Beach County, Florida
Palm Beach County is a county located in the southeastern part of Florida and lies directly north of Broward County and Miami-Dade County. The county had a population of 1,492,191 as of the 2020 census, making it the third-most populous county in the state of Florida and the 26th-most populous county in the United States. The largest city and county seat is West Palm Beach. Named after one of its oldest settlements, Palm Beach, the county was established in 1909, after being split from Dade County. The county's modern-day boundaries were established in 1963. Palm Beach County is one of the three counties in South Florida that make up the Miami metropolitan area, which was home to an estimated 6,198,782 people in 2018. The area had been increasing in population since the late 19th century, with the incorporation of West Palm Beach in 1894 and after Henry Flagler extended the Florida East Coast Railway and built the Royal Poinciana Hotel, The Breakers, and Whitehall. In 1928, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taxidermist
Taxidermy is the art of preserving an animal's body via mounting (over an armature) or stuffing, for the purpose of display or study. Animals are often, but not always, portrayed in a lifelike state. The word ''taxidermy'' describes the process of preserving the animal, but the word is also used to describe the end product, which are called taxidermy mounts or referred to simply as "taxidermy". The word ''taxidermy'' is derived from the Greek words ''taxis'' and ''derma''. ''Taxis'' means "arrangement", and ''derma'' means "skin" (the dermis). The word ''taxidermy'' translates to "arrangement of skin". Taxidermy is practiced primarily on vertebrates (mammals, birds, fish, reptiles, and less commonly on amphibians) but can also be done to larger insects and arachnids under some circumstances. Taxidermy takes on a number of forms and purposes including hunting trophies and natural history museum displays. Museums use taxidermy as a method to record species, including those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
