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29 Jun 2023, 5:06 am by Daniel M. Kowalski
We then helped this individual file a CRCL complaint, detailing this and other issues he experienced while detained at Cibola. [read post]
25 Sep 2010, 6:24 pm by Kevin Jon Heller
That argument, of course, requires them to establish two things: [1] That IHL applies to individuals detained in the US on the ground that they are involved in a NIAC. [2] That the rules of IHL in NIAC justify detaining individuals accused of material support for terrorism. [read post]
11 Mar 2010, 5:24 am by Jason Byrne
  In this case, the Court of Appeals reversed the decisions of the district and circuit courts which had found that a criminal defendant should not be bound over for trial on a charge of resisting a police officer where the underlying detention of that individual was illegal. [read post]
16 Nov 2008, 12:16 pm
Graham has stated that the detainees should be housed in a facility designed for detaining such suspects. [read post]
3 Feb 2007, 10:01 am
The Fourth Amendment restrains the ability of police officers to stop and detain the people they encounter. [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]
21 Mar 2017, 8:45 am
Multiple federal courts have reaffirmed what detainers are: New arrests that, absent any individual determination of probable cause, violate an individual’s right against unreasonable searches and seizures. [read post]
28 Jan 2009, 7:59 am
  The case concerns the President’s authority to detain individuals lawfully within the United States without trial on suspicion of conspiracy to engage in terrorism. [read post]
19 Jan 2014, 8:30 am by Ilya Somin
What made that decision so egregious was not just that the Japanese-Americans were detained, but that the detention was undertaken purely on the basis of race without any individualized evidence of guilt, that it was on such a massive scale, and that it went on for over three years. [read post]
1 Jul 2014, 7:01 pm by Benjamin Wittes
Without the defendant’s detention, he could communicate and further conspire with many of those extremist individuals. [read post]
19 Mar 2019, 11:36 am by Carrie Thompson
The court’s majority disagreed, finding more persuasive the Trump administration’s argument that the government’s duty to detain aliens who have committed certain crimes is not abrogated if the government fails to detain the individual immediately upon release. [read post]
13 Nov 2016, 2:39 pm by Gritsforbreakfast
Strieff that evidence discovered incident to an unconstitutional arrest of an individual should not be suppressed given that the subsequent discovery of an outstanding warrant attenuated the taint from the unlawful detention. [read post]
28 Sep 2020, 7:00 am by Public Employment Law Press
"  * Penal Law §70.30(3) provides convicted individuals with a credit for any incarceration time served prior to conviction so that their sentences will be the same as those imposed upon individuals who were not so detained [Powell v Malcolm, 44 A.D.2d 65, appeal dismissed 34 N.Y.2d 752]. [read post]
28 Sep 2020, 7:00 am by Public Employment Law Press
"  * Penal Law §70.30(3) provides convicted individuals with a credit for any incarceration time served prior to conviction so that their sentences will be the same as those imposed upon individuals who were not so detained [Powell v Malcolm, 44 A.D.2d 65, appeal dismissed 34 N.Y.2d 752]. [read post]
10 Dec 2018, 7:06 am by Dan Harris
We have taken to calling this our “China detention risk assessment package. [read post]
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]
12 Jan 2009, 5:20 am
A police officer who prevented an suspected prostitute from leaving a hotel by grabbing her in a hotel hallway and then detaining in her in a hotel room, after physically preventing her from leaving the premises, may be liable for peronsal injuries as the result of using excessive force, but not for wrongful detention, according to the U.S. [read post]
13 Jan 2012, 8:19 am
Second, under the 4th Amendment of the United States Constitution, law enforcement officers are limited in their ability to detain individuals, even for a brief matter of time. [read post]
20 Dec 2018, 4:34 pm by Jamie Williams
Because of the inherent limitations and challenges of risk assessment tools, they are not appropriate for recommending detention or for informing decisions about whether to detain an individual. [read post]