Search for: "Individual Detention Detainers"
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4 Nov 2010, 9:00 pm
I see judges using legalisms to continue granting extraordinary wartime powers first to George Bush, II, and now to President Obama on such matters as Guantanamo detentions and trials, and domestic spying, as extraordinary presidential power continues being exercised in running warfare, assassinations, and CIA interrogations in countries less hospitable to individual liberties than would happen in the United States. [read post]
4 Nov 2010, 3:05 am
There can no longer be any serious dispute that some of the individuals held at Guantánamo were erroneously detained. [read post]
2 Nov 2010, 12:12 pm
Al Alwi’s second major argument concerns the scope of the government’s authority to detain individuals who were “part of” or “supporting” Al Qaeda or the Taliban. [read post]
1 Nov 2010, 1:21 pm
The Court held that the detaining Henderson for between nine and twelve minutes was unreasonable, because there was no reasonably articulable suspicion on which to base his detention. [read post]
31 Oct 2010, 7:08 am
Each of these individuals, along with several others, has attempted to obtain compensation through civil actions–against the government and individual officials. [read post]
29 Oct 2010, 6:07 am
The general rule is that the prosecutor must show cause as to why a person should be detained in custody. [read post]
28 Oct 2010, 10:30 am
Certain cases can be brought to the Federal District Courts such as Writs of Mandamus, where it is requested that a Court mandates that an entity such as the Department of Homeland Security take action on a particular case, or Writs of Habeas Corpus, where it is requested that an individual be released from unlawful detention. [read post]
28 Oct 2010, 10:01 am
” Depriving someone of their liberty through detention is a very coercive measure, which carries a strong stigma and severely impacts on individual rights. [read post]
28 Oct 2010, 5:00 am
In the second type of contact, the detention, the officer must have a reasonable suspicion of criminal activity in order to detain the person even for a short period of time and must also have a reasonable suspicion that the person is armed in order to frisk the outside clothing of the individual. [read post]
27 Oct 2010, 11:00 pm
It considered that the preventive detention of Grosskopf was based on his “conviction”, which is required by Article 5(1)(a), and he was not detained for a period beyond the statutory maximum period applicable at the time of his offence and conviction. [read post]
27 Oct 2010, 4:45 am
Here, unlike the individual challenging the constitutionality of her detention in Muehler, Maddox was not a mere innocent occupant of the house being searched, detained as a result of unfortunate happenstance. [read post]
26 Oct 2010, 7:45 am
Cadder had been detained and interviewed without a lawyer being present, and he made a number of admissions which were admitted at trial. [read post]
26 Oct 2010, 2:36 am
The exception applies only if there are particular circumstances in the individual case and does not allow a systematic departure from the rule such as that set up by the 1995 Act. [read post]
25 Oct 2010, 10:45 pm
First of all, it can only authorise detention if the individual is being detained in one case pending the making of a deportation order and, in the other case, pending his removal. [read post]
23 Oct 2010, 7:41 am
By the way, all people in a ‘smuggling event’ are dangerous so it’s okay to detain them for one year.) [read post]
19 Oct 2010, 10:37 am
After 9/11, Ashcroft retooled the law into an investigative detention statute, allowing the government to arrest and detain individuals for whom they lacked probable cause to charge with a crime. [read post]
18 Oct 2010, 12:56 pm
Many of these individuals have been deemed ineligible for the individualized bond hearings to which individuals ordinarily are entitled, and have therefore been categorically detained without regard to whether they present any flight risk or danger. [read post]
18 Oct 2010, 12:33 pm
Last year, the San Francisco-based appeals court ruled in favor of al-Kidd, saying the material-witness statute at issue could not be used to investigate or detain individuals without probable cause (.pdf). [read post]
18 Oct 2010, 10:26 am
Q214: Should non-citizens suspected of terrorism and detained in US military prisons be allowed to challenge their detentions in the US civilian court system? [read post]
18 Oct 2010, 7:02 am
It allows the temporary detention of an individual who is being held as a witness of someone else’s alleged crime, when officials suspect that the individual will not be available otherwise. [read post]
