Welsh V. Wisconsin
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Welsh V. Wisconsin
''Welsh v. Wisconsin'', 466 U.S. 740 (1984), was a 1983 case before the US Supreme Court determining that a warrantless home arrest without exigent circumstances violates the Fourth Amendment protection against unlawful search and seizure. Facts On the evening of April 24, 1978, Randy Jablonic witnessed a vehicle moving erratically, and then saw it swerve off the road and come to a stop in an open field. No damage to any people or property was reported or witnessed. Jablonic parked his truck behind the car to prevent the driver from returning to the highway. A woman stopped near the scene and Jablonic asked her to call the police. Before the police arrived, the driver exited his car and asked Jablonic for a ride. Jablonic suggested to him that they wait for police and roadside assistance, but the driver ignored his request and walked away. When the police arrived, Jablonic told the officer that the driver either looked "very inebriated or very sick". The officer then identified t ...
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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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Supreme Court Of Wisconsin
The Wisconsin Supreme Court is the highest appellate court in Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin. Location The Wisconsin Supreme Court normally sits in its main hearing room in the East Wing of the Wisconsin State Capitol building in Madison, Wisconsin. Since 1993, the court has also travelled, once or twice a year, to another part of the state to hear several cases as part of its "Justice on Wheels" program. The purpose of this program is to give the people of Wisconsin a better opportunity to understand the operations of the state supreme court and the court system. Justices The court is composed of seven justices who are elected in statewide, non-partisan elections. Each justice is elected for a ten-year term. Importantly, only one justice may be elected in any year. This avoids the sudden shifts in jurisprudence commonly seen in other state supre ...
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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 ...
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Exigent Circumstances
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors hav ...
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Blood Alcohol Content
Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For example, a BAC of 0.10 by (0.10% or one tenth of one percent) means that there is 0.10 g of alcohol for every 100 mL of blood, which is the same as 21.7 mmol/L. A BAC of 0.10 by (0.10%) is 0.10 g of alcohol per 100 g of blood (23 mmol/L). A BAC of 0.0 is sober; in different countries the maximum permitted BAC when driving ranges from about 0.04% to 0.08%; BAC levels over 0.08% are considered very impaired; above 0.4% is potentially fatal. Effects by alcohol level Estimation by intake Blood alcohol content can be estimated by a method developed by Swedish professor in the 1920s: :EBAC = \frac\times100\%-\beta\times T where: * is the mass of alcohol consumed. * is the ratio of body water to total weight. It ...
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List Of United States Supreme Court Cases, Volume 466
This is a list of all the United States Supreme Court cases from volume 466 of 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, 466 1984 in United States case law ...
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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 ...
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United States Supreme Court Cases Of The Burger Court
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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1984 In United States Case Law
Events January * January 1 – The Bornean Sultanate of Brunei gains full independence from the United Kingdom, having become a British protectorate in 1888. * January 7 – Brunei becomes the sixth member of the Association of Southeast Asian Nations (ASEAN). * January 10 ** The United States and the Vatican (Holy See) restore full diplomatic relations. ** The Victoria Agreement is signed, institutionalising the Indian Ocean Commission. *January 24 – Steve Jobs launches the Macintosh personal computer in the United States. February * February 3 ** Dr. John Buster and the research team at Harbor–UCLA Medical Center announce history's first embryo transfer from one woman to another, resulting in a live birth. ** STS-41-B: Space Shuttle ''Challenger'' is launched on the 10th Space Shuttle mission. * February 7 – Astronauts Bruce McCandless II and Robert L. Stewart make the first untethered space walk. * February 8– 19 – The 1984 Winter Olympics are h ...
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