United States V. Pace
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United States V. Pace
''United States v. Pace'', 955 F.2d 270 (5th Cir. 1992), cert. denied, is a United States Court of Appeals for the Fifth Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution. Acting on a tip, Texas investigators, entered onto the defendant's property in Travis County and peeked through a hole in a barn where they discovered marijuana being cultivated. With this information the officers gained a search warrant, which they used to search the property. The defendant was eventually arrested, tried and convicted for ''possession with intent to distribute''. The defendant challenged on Fourth Amendment grounds, claiming that the barn was inside the "curtilage" of his home. The court found that it was not and that the search was legal pursuant to the "open fields" doctrine. The court held that the search was constitutional A constitution is the aggregate of fundamental principles or established preced ...
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United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit. History of ...
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Cannabis (drug)
Cannabis, also known as marijuana among List of names for cannabis, other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both Recreational marijuana, recreational and Entheogenic use of cannabis, entheogenic purposes and in various traditional medicines for centuries. Tetrahydrocannabinol (THC) is the main psychoactive component of cannabis, which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, such as cannabidiol (CBD). Cannabis can be used by Cannabis smoking, smoking, Vaporizer (inhalation device), vaporizing, Cannabis edible, within food, or Tincture of cannabis, as an extract. Cannabis has various effects of cannabis, mental and physical effects, which include euphoria, altered states of mind and Cannabis and time perception, sense of time, difficulty concentrating, Cannabis and memory, impaired short-term memory, impaired motor skill, body mo ...
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Cannabis Law In The United States
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively, ''C. ruderalis'' may be included within ''C. sativa'', all three may be treated as subspecies of ''C. sativa'', or ''C. sativa'' may be accepted as a single undivided species. The genus is widely accepted as being indigenous to and originating from Asia. The plant is also known as hemp, although this term is often used to refer only to varieties of ''Cannabis'' cultivated for non-drug use. Cannabis has long been used for hemp fibre, hemp seeds and their oils, hemp leaves for use as vegetables and as juice, medicinal purposes, and as a recreational drug. Industrial hemp products are made from cannabis plants selected to produce an abundance of fibre. Various cannabis strains have been bred, often selectively to produ ...
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1992 In United States Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ...
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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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United States Court Of Appeals For The Fifth Circuit Cases
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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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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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 ...
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Travis County, Texas
Travis County is located in south central Texas. As of the 2020 census, the population was 1,290,188. It is the fifth-most populous county in Texas. Its county seat is Austin, the capital of Texas. The county was established in 1840 and is named in honor of William Barret Travis, the commander of the Republic of Texas forces at the Battle of the Alamo. Travis County is part of the Austin–Round Rock– Georgetown Metropolitan Statistical Area. It is located along the Balcones Fault, the boundary between the Edwards Plateau to the west and the Blackland Prairie to the east. History Pre-Columbian and colonial periods Evidence of habitation of the Balcones Escarpment region of Texas can be traced to at least 11,000 years ago. Two of the oldest Paleolithic archeological sites in Texas, the Levi Rock Shelter and Smith Rock Shelter, are in southwest and southeast Travis County, respectively. Several hundred years before European settlers arrived, a variety of nomadic Native Am ...
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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 ...
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Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both List of U.S. states and territories by area, area (after Alaska) and List of U.S. states and territories by population, population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexico, Mexican States of Mexico, states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the List of cities in Texas by population, most populous city in Texas and the List of United States cities by population, fourth-largest in the U.S., while San Antonio is the second most pop ...
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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 ...
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