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28 Jul 2013, 1:56 am
C. [read post]
4 May 2021, 6:06 am
” In other words, expert opinion and the experience elsewhere doesn’t matter. [read post]
4 May 2023, 7:38 am
The court found the officer had a “reasonable opportunity” to observe the speed of defendant’s vehicle, and any question about the credibility of the officer’s testimony was one for the jury, not a matter of admissibility. [read post]
6 Jun 2012, 9:18 pm
It's not a matter of me really enforcing the laws over there. [read post]
10 Dec 2011, 2:30 pm
” Possible topics for presentation include: —How the distribution of and compensation for work affects the quality of life and development of persons, families, communities, and societies—The just distribution of work in the family and school —Immigration and work and societal responses to "illegal" work —Gender, race, class, sexual orientation, and political ideology in the workplace —Cooperation, mutual aid, collaboration, and shared decision-making in… [read post]
27 Nov 2009, 6:26 am
By that time, Watkins's actions gave the officers sufficient suspicion to seize him as an initial matter, and post-seizure, Watkins' words -- 'I got weed' -- gave the officers probable cause to arrest him. [read post]
19 Aug 2010, 5:02 am
” Id. at 836, quoting Matter of an Investigation into the Death of Abe A., 56 N.Y.2d 288, 291, 437 N.E.2d 265, 452 N.Y.S.2d 6 (1982). [read post]
20 Aug 2010, 4:58 am
Supp. 1130, 1139 (S.D.N.Y. 1989), although “[t]he principle is not so much an ‘exception’ to the particularity requirement… as a recognition that a warrant--no matter how broad--is, nonetheless, legitimate if its scope does not exceed the probable cause upon which it is based,” United States v. [read post]
10 Sep 2007, 9:10 am
Defense counsel was not ineffective for not more aggressively pursuing probable cause issue because it would not have mattered changed the outcome. [read post]
11 Aug 2008, 12:45 pm
As it happens, this may not have been the case here, but a police officer could reasonably have concluded that Topps would likely have had knowledge of circumstances that would have been useful to the investigation of the matter. [read post]
2 May 2013, 5:04 pm
” As a matter of practice and principle, any un-waived ground for challenging the decision below is “within the scope” of such review. [read post]
21 Nov 2006, 3:39 am
Basically it's a matter of common sense. [read post]
2 Jun 2007, 11:43 am
Fourth Amendment claim by state prison inmate concerning a search of his cell for his legal materials fails as a matter of law because the Fourth Amendment does not apply in prison. [read post]
10 Mar 2008, 5:28 am
It was therefore only a matter of time before the victim's body would have been inevitably, but independently found, particularly given that the investigation of the missing child involved multiple agencies from territorial and federal levels. [read post]
18 Aug 2008, 12:48 pm
The drug sale took place elsewhere, and Defendant's mere presence in a vehicle which the driver left to make the drug sale is insufficient to establish probable cause as a matter of law. [read post]
23 Aug 2008, 9:56 am
LEXIS 16648, 2007 WL 3092955, at *7 ("If we do not allow teachers to rely on a plan specifically approved by the student's parents and which they are statutorily required to follow, we will put teachers in an impossible position - exposed to litigation no matter what they do. [read post]
24 Jul 2009, 7:58 am
Here, neither Fjelstad, Alexander, nor, for that matter, Richmond, objected to the repossession. [read post]
22 Feb 2010, 5:17 am
The case that was argued is two years old: In the Matter of the Application of the United States of America for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, 534 F. [read post]
6 Jun 2012, 4:32 am
"As a preliminary matter, checkpoints with the primary objective of enforcing safety requirements are constitutional. [read post]
25 Apr 2010, 7:03 am
We have not stated a precise standard of review where a District Court denied a Franks hearing, and other circuits are split on this matter. [read post]
