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Exigent
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 have b ... [...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] |
Knock And Announce
Knock-and-announce, in United States law criminal procedure, is an ancient common law principle, incorporated into the Fourth Amendment, which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a search. The rule is currently codified in the United States Code, which governs Fourth Amendment searches conducted by the federal government. Most states have similarly codified the rule into their own statutes, and remain free to interpret or augment the rule and its consequences in any fashion that remains consistent with Fourth Amendment principles. A state's knock-and-announce rule will govern searches by state actors pursuant to state-issued warrants, assuming that Federal actors are not extensively involved in the search. The rule English common law has required law enforcement to knock-and-announce since at least ''Semayne's case'' (1604). In ''Miller v. United States'' (1958), the Supreme Court of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Man
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can b ... [...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] |
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] |
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] |
Powers Of The Police In England And Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of Territorial police force#United Kingdom, territorial police forces only, but a police officer in one of the UK's Special police force#United Kingdom, special police forces (most commonly a member of the British Transport Police) can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables (both full-time and special Constable, volunteer special constables). All police officers in England and Wales are 'constables' in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brigham City V
Brigham may refer to: Places * Brigham, Cumbria, England * Brigham, East Riding of Yorkshire, England * Brigham City, Utah, USA * Brigham, Wisconsin, USA * Brigham, Quebec, Canada People * Brigham (surname), including a list of people with the surname * Brigham Young (1801–1877), second prophet and president of The Church of Jesus Christ of Latter-day Saints ** Brigham Young Jr. (1836–1903), American Mormon missionary and leader in the LDS Church, a son of Brigham Young **Brigham Morris Young (1854–1931), Mormon missionary and entertainer, another son of Brigham Young * Brigham D. Madsen (1914–2010), American historian * Brigham McCown (born 1966), American entrepreneur and former government official * Brigham Smoot (1869–1946), American Mormon missionary and businessman Institutions * Brigham and Women's Hospital, a Harvard University affiliated teaching and research institution in Boston, Massachusetts * Brigham Young University (BYU), in Provo, Utah, USA * Brigham ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitchell V
Mitchell may refer to: People *Mitchell (surname) * Mitchell (given name) Places Australia * Mitchell, Australian Capital Territory, a light-industrial estate * Mitchell, New South Wales, a suburb of Bathurst * Mitchell, Northern Territory, a suburb of Palmerston * Mitchell, Queensland, a town * Mitchell, South Australia, on lower Eyre Peninsula * Division of Mitchell, a federal Australian Electoral Division in north-west Sydney, New South Wales * Electoral district of Mitchell (Queensland), a former electoral district * Electoral district of Mitchell (South Australia), a state electoral district * Electoral district of Mitchell (Western Australia) a state electoral district * Shire of Mitchell, a local government area in Victoria Canada * Mitchell, Ontario * Mitchell, Manitoba, an unincorporated community * Mitchell Island, British Columbia * Mitchell Island (Nunavut) United Kingdom * Mitchell, Cornwall, a village * Mitchell (UK Parliament constituency) Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Missouri V
Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited what is now Missouri for at least 12,000 years. The Mississippian culture, which emerged at least in the ninth century, built cities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justia
Justia is an American website specializing in legal information retrieval. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases. The company is headquartered in Mountain View, California. The website offers free case law, codes, opinion summaries, and other basic legal texts, with paid services for its attorney directory and webhosting. In 2007, ''The New York Times'' reported that Justia was spending around "$10,000 a month" in order "to copy documents" from the United States Supreme Court and publish them online, to be made available without the public paying fees. Law library research guides often refer to Justia. Duke Law School Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...'s law library's research guide n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
