Knock And Announce
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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 ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Reasonable Suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may " frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; ...
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Sneak And Peek Warrant
A sneak and peek search warrant (officially called a Delayed Notice Warrant and also called a covert entry search warrant or a surreptitious entry search warrant) is a search warrant authorizing the law enforcement officers executing it to effect physical entry into private premises without the owner's or the occupant's permission or knowledge and to clandestinely search the premises; usually, such entry requires a stealthy breaking and entering. Instances Law enforcement officers are not prohibited from seizing any property from the premises. For example, in one 2010 case, federal investigators broke into an apartment in Cleveland, Ohio, collected evidence, and then "trashed the place to make it look like a burglary." According to a Department of Justice document, DEA agents used a delayed-notice warrant to steal a suspect's car in March 2004. After following the suspect to a restaurant in Buffalo, New York, one agent "used a duplicate key to enter the vehicle and drive away whi ...
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No-knock Warrant
In the United States, a no-knock warrant is a warrant issued by a judge that allows law enforcement to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell. In most cases, law enforcement will identify themselves just before they forcefully enter the property. It is issued under the belief that any evidence they hope to find may be destroyed between the time that police identify themselves and the time they secure the area, or in the event where there is a large perceived threat to officer safety during the execution of the warrant. Use of no-knock warrants has increased substantially over time. By one estimate, there were 1,500 annually in the early 1980s whereas by 2010 there were 60,000–70,000 no-knock or quick-knock raids conducted by local police annually, the majority of which were looking for marijuana. Amid nationwide protests in response to the police killings of Breonna Taylor and George Floyd, there were e ...
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Criminal (podcast)
''Criminal'' is a podcast that focuses on true crime. It is recorded in the studios of WUNC in Chapel Hill, NC, and is part of the Vox Media Podcast Network. The show describes itself as telling "stories of people who've done wrong, been wronged, or gotten caught somewhere in the middle." History and development Lauren Spohrer, Phoebe Judge, and Eric Mennel met while working on ''The Story with Dick Gordon'' at WUNC. After the program ended, they decided to make a podcast together. Remarking that there was an overlap between fans of podcasts and fans of the fictional procedural ''Law & Order'', Spohrer suggested that they make their podcast about crime. The show launched in January 2014. Nadia Wilson came on as a producer who joined the show in September 2016. Meanwhile, Spohrer was working as a WUNC producer who was teaching essay writing at Duke University; Judge was anchoring the station's broadcast of the program '' Here & Now''; and Mennel was a producer at ''All Things ...
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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ...
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Hudson V
Hudson may refer to: People * Hudson (given name) * Hudson (surname) * Henry Hudson, English explorer * Hudson (footballer, born 1986), Hudson Fernando Tobias de Carvalho, Brazilian football right-back * Hudson (footballer, born 1988), Hudson Rodrigues dos Santos, Brazilian football defensive midfielder * Hudson (footballer, born 1996), Hudson Felipe Gonçalves, Brazilian football midfielder Places Argentina * Hudson, Buenos Aires Province, a town in Berazategui Partido Australia * Hudson, Queensland, a locality in the Cassowardy Coast Region Canada * Hudson, Ontario * Hudson, Quebec * Hudson, Edmonton, Alberta United States * Hudson, Colorado, a town in Weld County * Hudson, Florida, a census-designated place in Pasco County * Hudson, Illinois, a town in McLean County * Hudson, Indiana, a town in Steuben County * Hudson, Iowa, a town in Black Hawk County * Hudson, Kansas, a town in Stafford County * Hudson, Maine, a town in Penobscot County * Hudson, Massac ...
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Totality Of The Circumstances
In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules. Under the totality of the circumstances test, courts focus "on all the circumstances of a particular case, rather than any one factor"., Totality of circumstances test (Accessed March 2, 2016). In the United States, totality tests are used as a method of analysis in several different areas of the law. For example, in United States criminal law, a determination about reasonable suspicion or probable cause is based on a consideration of the totality of the circumstances. Description Cathy E. Moore described the totality of the circumstances test as a "balancing approach" rather than a strict application of "analytical and evidentiary rules", and Michael Coenen wrote that a totality of the circumstances test is the "antithesis" of an "inflexible checklist". Likewise, Kit Kinports has described the totality of the circums ...
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Office Of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice. The Office reviews and comments on the constitutionality of pending legislation. The office reviews any executive orders and substantive proclamations for legality if the President proposes them. All proposed orders of the Attorney General and regulations that require the Attorney General’s approval are reviewed. It also performs a variety of special assignments referred by the Attorney General or the Deputy Attorney General. History The Office of Legal Counsel was created in 1934 by an act of US Congress, as part of a la ...
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Patrick F
Patrick may refer to: *Patrick (given name), list of people and fictional characters with this name *Patrick (surname), list of people with this name People *Saint Patrick (c. 385–c. 461), Christian saint *Gilla Pátraic (died 1084), Patrick or Patricius, Bishop of Dublin * Patrick, 1st Earl of Salisbury (c. 1122–1168), Anglo-Norman nobleman * Patrick (footballer, born 1983), Brazilian right-back *Patrick (footballer, born 1985), Brazilian striker *Patrick (footballer, born 1992), Brazilian midfielder *Patrick (footballer, born 1994), Brazilian right-back *Patrick (footballer, born May 1998), Brazilian forward *Patrick (footballer, born November 1998), Brazilian attacking midfielder * Patrick (footballer, born 1999), Brazilian defender *Patrick (footballer, born 2000), Brazilian defender *John Byrne (Scottish playwright) (born 1940), also a painter under the pseudonym Patrick *Don Harris (wrestler) (born 1960), American professional wrestler who uses the ring name Patrick Film ...
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No-knock Warrant
In the United States, a no-knock warrant is a warrant issued by a judge that allows law enforcement to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell. In most cases, law enforcement will identify themselves just before they forcefully enter the property. It is issued under the belief that any evidence they hope to find may be destroyed between the time that police identify themselves and the time they secure the area, or in the event where there is a large perceived threat to officer safety during the execution of the warrant. Use of no-knock warrants has increased substantially over time. By one estimate, there were 1,500 annually in the early 1980s whereas by 2010 there were 60,000–70,000 no-knock or quick-knock raids conducted by local police annually, the majority of which were looking for marijuana. Amid nationwide protests in response to the police killings of Breonna Taylor and George Floyd, there were e ...
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Exigent Circumstance
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 (law), 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 ...
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