Search for: "MATTER OF C A" Results 9241 - 9260 of 36,789
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1 Jan 2009, 7:35 am
Royer, 460 U.S. 491, 503 n. 9 (1983) (noting officers taking possession of defendant's airline ticket, luggage, and identification contributed to determination defendant had been seized because "[a]s a practical matter, Royer could not leave the airport without them. [read post]
22 Aug 2007, 8:09 am
.* In an IAC claim, failure to file a motion to suppress is considered a matter of trial strategy in Illinois, and it carries a presumption of correctness. [read post]
31 Jan 2011, 4:04 am
“As a general matter, the exclusionary rule is [*8] not a remedy for violations of the PCA. [read post]
22 Dec 2009, 5:42 am
Indeed, allowing police to search the pill bottle under the circumstances this record reveals would, as a practical matter, essentially remove most constitutional brakes on police power to search the contents of motor vehicles stopped for routine traffic incidents. [read post]
12 Feb 2012, 8:19 am
To the contrary, Trooper Long discussed the situation with the back-up officer, chatted with that officer about other matters, and opened the door to the patrol car to ask the same questions of Troutman and receive the same answers time and time again, which clearly elevated Troutman's argumentative attitude towards her each time she repeated her questions. [read post]
2 Oct 2011, 8:49 am
“Because of the character of prisoners and the nature of imprisonment, corrections facilities are volatile places, brimming with peril, places where security is not just an operational nicety but a matter of life or death importance. [read post]
21 Oct 2008, 11:11 am
In exercising this discretion, the trial court may permit cross-examination "as to all matters reasonably related to the issues [the defendant] put in dispute by his testimony on direct. [read post]
4 Mar 2010, 5:15 am
It was also referenced in a black binder which was looked at which defendant claimed attorney-client privilege because it contained some legal matters, but the court found the binder not privileged information. [read post]
14 Oct 2008, 12:07 pm
When defense counsel questioned how the government's cross-examination could possibly span hours longer than his direct, the prosecutor explained, and the Court agreed, that matters relevant to the defendant's credibility would be proper subjects of inquiry. [read post]
7 Feb 2012, 6:05 am
“[A]s a preliminary matter, [a defendant] must show that he had a privacy interest in the area searched. [read post]
16 Jul 2011, 9:36 pm
Indeed his subjective beliefs about the matter, however induced, are actually irrelevant to the inquiry. [read post]
20 Aug 2010, 9:18 pm
August 17, 2010)*: As an initial matter, the use of a gun does not in and of itself make an encounter an unlawful seizure. [read post]
5 Feb 2012, 9:01 pm
., that the person detained was walking towards the premises being searched, is a matter of first impression in this State, our conclusion that the police acted reasonably in detaining appellant is fully consistent with Maryland law and supported by persuasive decisions from other jurisdictions. . . . [read post]
24 Jan 2008, 3:56 pm
Even if Gray's arrest or detention was itself unlawful, his claim for excessive force fails as a matter of law. [read post]
29 Dec 2007, 8:46 am
(All that really doesn't matter, however, because the court also finds probable cause to search the premise regardless of the triggering event.) [read post]
15 Jul 2014, 10:34 am by Wells Bennett
The matter was then submitted to the President, who also concluded that the transaction posed a threat to national security. [read post]
18 Jun 2009, 6:22 am
Taking the facts in the light most favorable to Moore, the non-moving party, this Court cannot find for the Defendant as a matter of law because reasonable jurors could find that the officers acted unreasonably by conducting the search in an overly intrusive manner and in an improper location when they requested Moore to pull down his pants, spread his buttocks, and jump in a public area where observers and pedestrians could see his exposed lower body. [read post]
20 Feb 2014, 10:46 am by Dan Goodin
Peterson Institute for International Economics and the Smith Richardson Foundation—focus on matters of national security and public policy. [read post]
13 Mar 2008, 3:29 am
However, allowing an officer to enter one's home and allowing the officer to search the home are two very different matters. [read post]