Open-fields Doctrine
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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, [or] effects." This method of r ...
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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 ...
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Washington (state)
Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington Territory, which was ceded by the British Empire in 1846, by the Oregon Treaty in the settlement of the Oregon boundary dispute. The state is bordered on the west by the Pacific Ocean, Oregon to the south, Idaho to the east, and the Canadian province of British Columbia to the north. It was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is often referred to as Washington state to distinguish it from the nation's capital, Washington, D.C. Washington is the 18th-largest state, with an area of , and the 13th-most populous state, with more than 7.7 million people. The majority of Washington's residents live in the Seattle metropolitan area, the center of trans ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Coos County, Oregon
Coos County ( ) is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the population was 64,929. The county seat is Coquille. The county was formed from the western parts of Umpqua and Jackson counties. It is named after a tribe of Native Americans who live in the region. Coos County comprises the Coos Bay, OR Micropolitan Statistical Area. History The name Coos originated from the name of the Native American tribe that had settled the area. "Coos" loosely translates to "lake" or "place of pines". Lewis and Clark noted Cook-koo-oose. Early maps and documents spelled it Kowes, Cowes, Coose, Koos, among others. Although exploration and trapping in the area occurred as early as 1828, the first European-American settlement was established at Empire City in 1853 by members of the Coos Bay Company; this is now part of Coos Bay, Oregon. Coos County was created by the Territorial Legislature from parts of Umpqua, and Jackson counties on December 22, 1 ...
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Oregon Court Of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the Oregon Supreme Court, and tax court cases, it has jurisdiction to hear all civil and criminal appeals from Oregon circuit courts, and to review actions of most state administrative agencies. The 13 judges of the court are chosen by the people in statewide nonpartisan elections to six-year terms, and have as their administrative head a Chief Judge appointed from their number by the Chief Justice of the state Supreme Court. Appeals court decisions are subject to a petition by an aggrieved party for review by the Oregon Supreme Court. The petition must be made within 35 days of the decision, and the Supreme Court determines by vote of the Justices whether to review the case. The court holds session at the Oregon Supreme Court Building in S ...
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Pacific Reporter
The ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' () are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The ''Pacific Reporter'' contains published appellate court case decisions for: * Alaska * Arizona * California * Colorado * Hawaii * Idaho * Kansas * Montana * Nevada * New Mexico * Oklahoma * Oregon * Utah * Washington * Wyoming When cited A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ..., the ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' are abbreviated "P.", "P.2d", and "P.3d", respectively. Date ranges The first ''Pacific Reporter'' series only had 300 volumes, and spanned fr ...
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Oregon Supreme Court
The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.An Introduction to the Courts of Oregon.
Oregon Judicial Department. Retrieved on June 11, 2008.
The OSC holds court at the Oregon Supreme Court Building in , near the building on State Street. The bui ...
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North Western Reporter
The ''North Western Reporter'' and ''North Western Reporter, Second Series'' are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The North Western Reporter contains published appellate court case decisions for: * Iowa * Michigan * Minnesota * Nebraska * North Dakota * South Dakota * Wisconsin When cited A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ..., ''North Western Reporter'' and ''North Western Reporter, Second Series'' are abbreviated "N.W." and "N.W.2d", respectively. References Case law reporters {{US-law-stub ...
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Wisconsin Supreme Court
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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Rebecca Bradley (judge)
Rebecca Lynn Grassl Bradley (born August 2, 1971) is an American lawyer and justice of the Wisconsin Supreme Court, serving since 2015. She has been a state judge in Wisconsin since 2012. She was appointed to the Supreme Court by Governor Scott Walker in 2015, and won election to a 10-year term in 2016. Early life and education Born in Milwaukee, Bradley graduated from Marquette University in 1993 and the University of Wisconsin Law School in 1996. In 2016, she apologized for columns she wrote for the ''Marquette Tribune'' under a former name, Rebecca Grassl. Quotes from her 1992 columns include, "one will be better off contracting AIDS than developing cancer, because those afflicted with the politically correct disease will get all the funding," and "how sad that the lives of degenerate drug addicts and queers are valued more than the innocent lives of more prevalent ailments." She also wrote, "but the homosexuals and drug addicts who do essentially kill themselves and others t ...
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Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. The bulk of Wisconsin's population live in areas situated along the shores of Lake Michigan. The largest city, Milwaukee, anchors its largest metropolitan area, followed by Green Bay and Kenosha, the third- and fourth-most-populated Wisconsin cities respectively. The state capital, Madison, is currently the second-most-populated and fastest-growing city in the state. Wisconsin is divided into 72 counties and as of the 2020 census had a population of nearly 5.9 million. Wisconsin's geography is diverse, having been greatly impacted by glaciers during the Ice Age with the exception of the Driftless Area. The Northern Highland and Western Upland along wi ...
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Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a conc ...
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