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6 Aug 2007, 5:47 am
The core issue with which we are then confronted is whether Officer LaSalle had individual, particularized reasonable suspicion with respect to Defendant to detain the vehicle further to await a drug dog sniff. [read post]
5 Aug 2007, 11:45 pm
Amongst these procedures, the Executive branch claimed authority to detain indefinitely individuals who were arbitrarily labeled as enemy-combatants. [read post]
23 Jul 2007, 3:27 pm
There is a reason why all states have enacted Speedy Trial statutes (in fact, some have made it part of their Constitutions) and that is to protect against the awesome power of the state to charge and detain individuals for indefinite periods of time while they go about collecting their evidence. [read post]
19 Jul 2007, 3:19 pm
[Officer] Pertunnen's detainment, questioning, and pat-down of Plaintiff was a constitutional Terry stop as a matter of law. [read post]
16 Jul 2007, 1:28 pm
Armed Forces and other U.S. citizens detained in a conflict not of an international character to be treated in a manner consistent with the Conventions; (10) include as War Crime offenses the denial of trial rights and the imposition of cruel, inhuman, or degrading treatment or punishment; (11) restore habeas corpus for individuals detained by the United States; and (12) provide for expedited judicial review of civil actions that challenges any provision of the Military… [read post]
13 Jul 2007, 7:11 am
He asserts, among other things, that he has the right to order individuals who no longer work for him to refuse to testify before Congress even though this violates the law.This third round of constitutional hardball by the Bush Administration is occurring because Bush's previous acts of constitutional hardball did not take. [read post]
5 Jul 2007, 11:16 am
With the dramatic grant of certiorari in Boumediene after an earlier denial with dissents, this is a good time to review the history of Boumediene, and to reassess where we are on the legal conflicts, the fate of our individual clients, and the larger context of our litigation.Initial Skirmishes Regarding Access And Rendition Our clients petitioned the courts in the immediate wake of Rasul, the June 2004 Supreme Court case establishing jurisdiction to review… [read post]
2 Jul 2007, 2:40 pm
"If this Court were to only review Boumediene and Al Odah and hold that detainees had a right to review of their detention and [combatant status determinations by the military], the government could immediately charge those individuals before military commissions and escape the ambit of the Court's ruling. [read post]
27 Jun 2007, 10:50 pm
One of those individuals severely beat al-Huraisi. [read post]
27 Jun 2007, 3:39 pm
The petition asserted that the Supreme Court and the Fourth Circuit Court already have upheld presidential authority to seize and detain even U.S. citizens who are suspected of terrorism, and thus the panel decision in Al-Marri's case directly conflicts with those rulings in barring the military detention of a non-citizen. [read post]
26 Jun 2007, 2:28 am
A7883
Kolb -- Authorizes the use of the Seneca county correctional facility for the detention of persons under arrest being held for arraignment Same as S 5143 Last Act: 06/20/07 substituted by s514306/20/07 returned to senateA8464
Aubry (MS) -- Relates to certificates of relief from disabilities and certificates of good conduct Same as S 5559 Last Act: 06/20/07 REFERRED TO RULESS1602A
VOLKER -- Extends protection from discrimination to… [read post]
21 Jun 2007, 3:35 am
More below the fold...The Basic Issue: The central question raised by Munaf is under what circumstances, if any, the federal courts may exercise jurisdiction over habeas petitions brought by individuals detained by the Multinational Force-Iraq ("MNF-I"). [read post]
19 Jun 2007, 9:07 am
Thus, this detention was in violation of the Indiana Constitution. [read post]
16 Jun 2007, 7:42 pm
The only claims to survive were individual claims against the officers there. [read post]
12 Jun 2007, 5:12 am
In Hamdi, the Supreme Court addressed "whether the Executive has the authority to detain citizens who qualify as 'enemy combatants'" (i.e., individuals who were part of or supporting forces hostile to the United States or coalition partners in Afghanistan and who engaged in an armed conflict against the United States in Afghanistan). [read post]
11 Jun 2007, 10:06 am
" The MCA's broader move to strip courts of habeas jurisdiction, by saying it applied to foreign nationals captured by the U.S. and held at places other than Guantanamo Bay, only means individuals being detained abroad, outside the U.S., the Court concluded. [read post]
11 Jun 2007, 6:52 am
He alleges that he was denied basic necessities, interrogated through measures creating extreme sensory deprivation, and threatened with violence.And if that -- abusive interrogation -- was the reason for the military detention, then Congress did not authorize it, even if al-Marri could have been militarily detained for incapacitation purposes in the first instance. [read post]
9 Jun 2007, 7:24 am
"... we need not make a time and motion study of traffic stops; we consider the detention as a whole and the touchstone of our inquiry is reasonableness. ...we must consider the individual circumstances that confronted the troopers, using 'common sense and ordinary human experience' to determine whether 'the police acted less than diligently, or ... unnecessarily prolonged [the] detention.' United States v. [read post]
8 Jun 2007, 9:02 pm
Some individuals were kept in secret detention centres for periods of several years, where they were subjected to degrading treatment and so-called "enhanced interrogation techniques" (essentially a euphemism for a kind of torture), in the name of gathering information, however unsound, which the United States claims has protected our common security. [read post]
4 Jun 2007, 11:59 am
At least four known individuals have been prosecuted and placed in jail in China as a direct result of Yahoo! [read post]
