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9 Dec 2011, 3:45 am
But officers executing the warrant are permitted to exercise some minimal judgment as to whether a particular document or item fell within a described category, and therefore, that fact alone does not warrant the relief Defendant seeks. [read post]
8 Apr 2008, 6:44 am
Unlike Sturgis, where the defendant admitted he was merely a visitor, and Carter, where the defendant had never even been to the hotel room, here the few facts in the record indicate Williams was a legitimate guest at the motel. [read post]
30 Mar 2012, 5:49 am
Use of a metal detector to enter a building does not limit consent to just that. [read post]
18 Apr 2007, 5:30 am
From The Athens (Ohio) Post:As the local demand for public defenders increases, so does the share of county funding for the office. [read post]
7 Jun 2016, 8:26 am
The court does have the power to surcharge a Trustee who wrongly uses Trust funds to defend themselves. [read post]
12 Nov 2011, 8:22 am
Defendant’s girlfriend’s mother lacked apparent authority to consent to the search of the defendant’s duffle bag in her house when he was staying there. [read post]
29 Apr 2021, 4:00 am
The fact that the individually named defendants were not DOE officers is irrelevant with respect to the issue of whether DOE is within the ambit of §3813(1) notice of claim requirement. [read post]
29 Apr 2021, 4:00 am
The fact that the individually named defendants were not DOE officers is irrelevant with respect to the issue of whether DOE is within the ambit of §3813(1) notice of claim requirement. [read post]
25 May 2008, 3:53 am
Merely standing outside of a house where a search warrant is being executed does not justify a patdown under Ybarra. [read post]
9 Sep 2013, 6:16 am
§ 1125(d)(1)(B)(i), Plaintiff has sufficiently alleged that Defendants registered the domain names with 'bad faith intent to profit.'" [read post]
21 Jun 2007, 3:44 pm
Despite that Defendant now surely wishes he had risked the hazards of a shoeless night instead of leading the Troopers into his home, "a suspect's poor choice does not render unconstitutional an officer's objectively reasonable offer. [read post]
8 Jun 2012, 5:19 am
Search incident of the call log of defendant’s cell phone was valid. [read post]
16 Feb 2015, 4:50 pm
I note from Cooke [42(f)] that the defendant’s submission on that case did not go so far as to say that this could never be done; rather, it was submitted that the court should be “wary” of attempts to rely on inference. [read post]
28 Oct 2019, 3:00 am
G.S. 28A-1-1(5). [read post]
22 Nov 2013, 11:18 am
Does the fact that an individual defendant's stock trading took place pursuant to a pre-determined Rule 10b5-1 trading plan undermine any inference that the trades were "suspicious"? [read post]
16 Sep 2009, 10:09 am
GERALD PAQUIN, RONALD NEDENS, and JOHN DOES, 1-5, Defendants and Appellees. [read post]
10 Aug 2012, 11:49 am
In In re BitTorrent Adult Film Copyright Infringement Cases, Magistrate Judge Gary Brown has ordered the Doe #1 defendants to show cause at a hearing why their identities should not be divulged to the plaintiffs.Notice and Order to Show Cause dated August 10, 2012 var addthis_config = {"data_track_clickback":true}; Ray Beckerman, PC [read post]
4 Sep 2011, 7:52 am
Rank Downloads Paper Title 1 442 Who’s Better at Defending Criminals? [read post]
27 Apr 2009, 5:48 am
The Bombardier court set out a three-part test to determine whether a claim qualified as relief pursuant to § 1132(a)(3), asking: does the Plan seek to recover funds (1) that are specifically identifiable, (2) that belong in good conscience to the Plan, and (3) that are within the possession and control of the defendant beneficiary? [read post]
27 Aug 2018, 2:52 pm
§ 590.01, Subdivision 1a(b)(1) provides that the defendant must present a prima facie case that, inter alia, identity was an issue in the trial. [read post]
