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Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4. [2] Paragraph (c) does not apply to an accused appearing pro se with the approval of the tribunal. [read post]
22 Mar 2012, 9:28 pm
As to Bushay's subjective expectation of privacy, the magistrate judge concluded that Bushay did not show that he had an unrestricted right of occupancy or custody and control of the premises as distinguished from occasional presence on the premises as a mere guest or invitee. [read post]
22 Mar 2012, 8:45 am
"  Colloquially, "custody" can mean anything from being under arrest to living with one's father after one's parents divorce. [read post]