Search for: "CUSTODY OF S C" Results 1281 - 1300 of 4,785
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26 Apr 2010, 6:25 am
An objective view of the officers questions during this traffic stop indicate that the defendant was not in custody and not coerced. [read post]
27 Jun 2011, 8:21 am by Michael Heise
Which “substitute procedural safeguards” (as suggested in the Supreme Court’s opinion) are in use: (a) a notice that gives the respondent warning of the risk of jail, (b) forms to elicit information about the ability to pay, (c) opportunity for the respondent to speak at a hearing, and (d) express findings by the court imposing the penalty? [read post]
12 Jan 2012, 4:23 am
Chadwick, 433 U.S. 1, 10-11 (1977) (discussing closed containers), would be relevant if the phone were not already in police custody pursuant to a lawful arrest. [read post]
20 Jul 2020, 7:27 am by Kyle Persaud
The child’s parent, or any other person having custody of the child, will have the right to present their side of the story to the judge. [read post]
10 Feb 2011, 5:11 pm by Brian Shiffrin
Inasmuch as defendant’s arrest for a parole violation was not made pursuant to a warrant, it was not authorized (see Bratton, 8 NY3d at 642-643), and thus defendant was not in “[c]ustody” pursuant to Penal Law § 205.00 (2). [read post]
5 Apr 2012, 3:22 am
While a pat-down search was conducted prior to defendant's statements, this search did not convert this routine traffic stop into a custodial situation as the search was nominally consensual, it was concluded in a few seconds, and nothing was found during the search. [read post]
14 Feb 2009, 8:10 am
LEXIS 33 (January 22, 2009).* Defendant's custodial arrest for a traffic offense justified his search incident and search again on booking. [read post]
6 Oct 2011, 1:17 am
LEXIS 2724 (September 27, 2011)*: Appellant was in police custody prior to the search. [read post]
18 Jun 2015, 6:44 am by Megen Miller
The Court of Appeals affirmed the trial court’s denial of summary disposition where an “alleged father” under MCL 722.1433(c), ie, “a man who by his actions could have fathered the child,” filed a complaint under the Revocation of Paternity Act seeking an order determining his paternity, an order of filiation, and joint custody with reasonable parenting time. [read post]
21 Jul 2007, 6:49 am
In a noteworthy concurrence to the Court's plurality opinion, Justice Ginsburg analyzed Albright's claim under the Fourth Amendment and urged the Court to adopt a non-custodial concept of "continuing seizure" in order to take into account under the Fourth Amendment the harms incident to the control exercised by the state over a citizen before trial. [read post]
9 Jul 2010, 9:10 am
In the present case, Trooper Robe’s decision to search the Defendant’s rental car was not the result of negligence but, instead, was the result of his accurate determination that the inventory policy required him to impound the car because the passengers could not legally take custody of it. [read post]