Search Warrant
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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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Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the j ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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United States Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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United States Magistrate Judge
In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties. The position of "magistrate judge" or "magistrate" also exists in some unrelated state courts (see below). Magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be reappointed. As of March 2009 there were 517 full-time and 42 part-time authorized magistrate judgeships, as well as one position combining magistrate judge and clerk of court. Although they serve on federal courts, magistrate judges are not considered "federal judges" in the strict sense of the term, because they are not appointed by the President and confirmed by the Senate and do not have life tenure. Authority ...
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Reasonable Doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; failure to do so entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer." In practice Because a defendant is presumed to be innocent, the prosecution has the burden of proving the defendant's guilt on every ele ...
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Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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Probable Cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision '' Beck v. Ohio'', is when "whether at he moment of arrestthe facts and circumstances within n officer'sknowledge and of which they had reasonably trustworthy information resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense." It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches ( unlawful search and seizure), and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to per ...
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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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Request For Search Warrant - NARA - 285161
Request may refer to: * a question, a request for information * a petition, a formal document demanding something that is submitted to an authority. Request may also refer to: Computing and technology * in computer science, a message sent between objects * in computer science, a request in Hypertext Transfer Protocol * Request TV, a defunct pay-per-view service * Requests (software), a Python HTTP library Albums * ''Request'' (The Awakening album), a 1997 album by South African band The Awakening * ''Request'' (Juju album), a 2010 cover album by Japanese singer Juju * ''Requests'', an album by The Johnson Mountain Boys * ''Requests'', a classical album by Victor Borge * ''Requests'', a 1964 Parlophone EP by The Beatles; "Long Tall Sally" "I Call Your Name" "Can't Buy Me Love" "You Can't Do That" * ''Requests'', a 1965 EP by Pat Carroll * ''Further Requests'', the second 1964 Parlophone EP by The Beatles; "She Loves You", "I Want To Hold Your Hand", "Roll Over Beethoven", "C ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Gas Meter
A gas meter is a specialized flow meter, used to measure the volume of fuel gases such as natural gas and liquefied petroleum gas. Gas meters are used at residential, commercial, and industrial buildings that consume fuel gas supplied by a gas utility. Gases are more difficult to measure than liquids, because measured volumes are highly affected by temperature and pressure. Gas meters measure a defined volume, regardless of the pressurized quantity or quality of the gas flowing through the meter. Temperature, pressure, and heating value compensation must be made to measure actual amount and value of gas moving through a meter. Several different designs of gas meters are in common use, depending on the volumetric flow rate of gas to be measured, the range of flows anticipated, the type of gas being measured, and other factors. Gas meters that exist in colder climates in buildings built prior to the 1970s were typically located inside the home, typically in the basement or garage ...
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Sheriff (Scotland)
In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746. Under the Sheriff Courts (Scotland) Act 1971 (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the First Minister of Scotland, who is advised by the Judicial Appointments Board for Scotland. As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the administration of justice in their respective sheriffdoms. Sheriffs principal have to ensure the effectiv ...
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