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6 Mar 2011, 9:10 pm
It does not matter because there was sufficient justification here for an towing an inventory of the vehicle, and the gun would inevitably be discovered. [read post]
19 Nov 2007, 4:21 am
Finally, as noted above the Court does not find fault with Carver's conduct in stopping the van, but even if a reviewing court should view the matter differently, this Court does not believe any court would find his conduct "flagrant" or "egregious" in any respect. [read post]
30 Aug 2015, 2:39 pm
As an initial matter, recent releases by the government make clear that the plaintiffs’ records were in fact collected. [read post]
20 Apr 2010, 4:38 am
In short, no matter how objective the other criteria of CPL 2.45A may be, the initiation of a search under the plan hinges on the filing of an employee complaint. [read post]
3 Oct 2010, 2:59 am
No matter how much one prepares a client for a suppression hearing, clients will often hang themselves on standing or the merits of the search. [read post]
21 Nov 2010, 5:55 am
This is certainly a matter of significant public concern. [read post]
9 Sep 2011, 6:41 am
The incommensurate amount of time which the police spent addressing the matter for which they were allegedly dispatched leads the Court to conclude that the pet deposit investigation was merely a pretext for the more serious search for evidence of a homicide. [read post]
5 Jan 2012, 4:54 am
December 21, 2011)*: The statement made by Cotter at the scene and after he had been arrested, however, is a different matter. [read post]
1 Aug 2008, 11:18 am
.* Defendant's probable cause argument would fail as a matter of law, so his appellate counsel was not ineffective for not raising it. [read post]
20 Dec 2009, 10:03 pm
Officer’s testimony as to cause of stop was sufficient to find reasonable suspicion for the stop as a matter of law, and the trial court erred in granting the motion to suppress. [read post]
14 Oct 2010, 5:12 am
The other categories of items are limited by subject matter rather than by time frame. [read post]
11 Mar 2012, 9:10 pm
[was] not actually ... obtained from an independent source, but rather would have been discovered as a matter of course if independent investigations [had been] allowed to proceed. [read post]
15 Jun 2012, 5:13 am
Dozier did not offer any proof on this matter and Wix's silence is impossible to measure. [read post]
15 Mar 2017, 7:10 am
As a reminder, the NLRB held that a joint-employer relationship may be found if two or more entities “are both employers within the meaning of common law, and if they share or co-determine those matters governing the essential terms and conditions of employment,” such as wages, hours, work assignments, and control over the number of workers and scheduling. [read post]
16 May 2012, 9:40 am
Indeed, it is the only thing that matters – even when the quorum is constituted electronically. [read post]
22 Jun 2010, 6:02 am
The Court’s intervention in this matter would be inappropriate. [read post]
14 Oct 2010, 5:48 am
Because “an allegation of omission potentially opens officers to endless conjecture about investigative leads, fragments of information, or other matters that might, if included, have redounded to the defendant’s benefit,” United States v. [read post]
25 May 2009, 9:00 pm
Six factors must be analyzed when a separate state constitutional claim has been raised: 1) the textual language; 2) the differences in the text; 3) constitutional history; 4) preexisting state law; 5) structural differences; and 6) matters of particular state or local concern. [read post]
6 Jun 2010, 6:40 am
(There was, however, no probable cause to arrest for not having a valid driver’s license, but that doesn't matter in the end.) [read post]
4 Nov 2010, 9:06 am
Indeed, most speakers were hard-pressed to specifically identify safety problems created by the European framework, although many pointed to a lack of quality data on the matter. 2) Nomenclature continued to occupy much of the conversation. [read post]
