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11 Aug 2013, 1:28 pm
In that instance, the offense would be a misdemeanor of the second degree pursuant to section 812.014(2)(c). [read post]
30 Nov 2015, 3:34 am
"* Looking back over this GreeKat shoulder… Part I: Thou shall plain pack no matter what you sellNikos, a.k.a. the GreeKat (good one!) [read post]
16 Dec 2016, 12:27 pm by Lebowitz & Mzhen
This means that if a defendant moves for summary judgment, all matters of witness credibility and other potential unresolved inferences must be made in favor of the plaintiff. [read post]
7 Dec 2009, 4:02 am
Id. at 636 (stating that "[t]his problem arises in a variety of different contexts and in many permutations; matters of degree are involved and there is probably no single rule that resolves all situations"). [read post]
20 Feb 2010, 4:48 am
Strip searches, thus, are not a matter of course for searches incident either to arrest or detention. [read post]
14 Feb 2009, 7:33 am
Oliver, 208 F.3d 211, 2000 WL 263954, *2 (4th Cir. 2000) (unpublished) (recognizing a Fourth Amendment right to examine the search warrant affidavit); In the Matter of Searches of Semtex Industrial Corporation, 876 F. [read post]
6 Sep 2009, 8:47 am
August 31, 2009): The government, in its opposition to the R&R, offers no persuasive argument refuting the magistrate judge's legal analysis on this matter. [read post]
12 Dec 2010, 2:55 pm
As a matter of state law, a state may provide a remedy for violations of state knock-and-announce statutes, and nothing in Hudson prohibits it from doing so. [read post]
7 Apr 2012, 9:13 pm
LEXIS 105 (April 5, 2012): [*P11] To the extent that Gomez is asserting that his refusal to consent to the search ended the investigation as a matter of law, we do not agree. [read post]
8 Sep 2007, 9:12 am
Given the limited record before it and the need for resolution of certain factual matters, the court declined to weigh in on the matter further. [read post]
21 Jun 2009, 10:43 pm
The Court also finds unpersuasive the government's argument that the time period was limited as a practical matter because people typically do not retain telephone records for extended periods of time. [read post]
25 Sep 2011, 11:11 am
But the sensitive subject matter is no excuse for the dispensing altogether with domestic persons’ constitutional rights. [read post]
7 Dec 2010, 2:46 am
., 588 F.2d 904, 910 (4th Cir. 1978) (“Most cases involving on-site inspections concern a given object on the premises which is the subject matter of the action .... [read post]
21 Apr 2007, 8:58 am
Settling this matter is not necessary for the purposes of the instant motion, and the court will not attempt to do so at this time. [read post]
12 Apr 2023, 8:29 am by Paul Singer
  Given the range of penalties, redress, costs, fees, and other relief authorized by law it is easy to imagine how significant those potential recoveries may be in any given matter. [read post]
30 Aug 2010, 4:30 am
Templeton stated it did not, but that abandonment was involuntary as a matter of law. [read post]
26 Oct 2007, 12:20 pm
State, 747 N.E.2d 539, 543 (Ind. 2001) (officer may as matter of routine practice ask driver stopped for traffic violation if he has a weapon on his person or in his vehicle); Jarrell v. [read post]