Was the “pat-down” of the driver legal? Yes, Officer Smith had a legal right to request the driver out of the vehicle for a pat-down. In the case of Terry v. Ohio, the Supreme Court discussed the requirement of dealing with armed and dangerous individuals. The court stated that an officer does not need probable cause to arrest in order to conduct a reasonable search for weapons as long as the suspicion is developed by factual information. In this fact pattern, Officer Smith acted on facts that a car matching the description of the automobile current pulled over of possibly being involved in a previous case involving a fellow officer murdered on the road side.
Criminal Procedure Probable Cause Article Summary Sherita Burress CJA/364 November 21, 2011 Maxine Craig Supreme Court Is Unsuccessful In Defining “Probable Cause In Belief Of Guilt The Supreme Court decided a case on December 15, 2004, holding a law enforcement officer accountable for arresting an individuals for having merchandise in the car that he was riding in. It was stated that the merchandised belonged to neither the passenger or the driver of the vehicle that it was found in. This well known case is the case of Maryland v. Pringle, 124 S.Ct. 795 (2003), a solid decision of the Court. In the course of finding this case, the Maryland court was held accountable for not holding the police at fault for violating the
Victims and others affiliated in the shooting sued Glock, claiming negligent marketing and public nuisance. Glock aimed for a dismissal for two reasons, that they could not be held liable for the criminal acts of Furrow and as the manufacturer, Glock owed no duty of care to the third-party victims of Furrow's firearm misuse. Furrow's criminal firearm misuse constituted a superseding cause of the victims' injuries for which Glock could not be held responsible. This was before the PLCAA was enacted. This claim had not come to a conclusion prior to the PLCAA, therefore, still
(2007) which would have permitted any consideration of the mandatory seatbelt law that moderates damages for pain and suffering. Valdez did not assert reparations for pain and suffering but for emotional stress, impairment in the quality of life and inconvenience and was so awarded. However, Justice Bender of the Colorado Supreme Court disagreed in part with this compensable award. His statutory interpretation led him to uphold the original findings, the $400,000 settlement for physical impairment and disfigurement but reversed the $100,000 award for noneconomic damages. The certiorari was based on the reasoning that “pain and suffering” encompasses damages such as impairment of quality of life, inconvenience, and emotional stress.
DISTRICT COURT STATE OF OHIO NO. CIV. 01-388 JANE WHITE Plaintiff, v. JEFFREY CAULKIN Defendant, v. SAGE RENT-A-CAR, INC. BRIEF IN SUPPORT OF MOTION TO DISMISS QUESTION PRESENTED Under Civil Rule 12(b)(6), Whether a self-insured lessor can still be liable for a lessee’s negligence in an automobile accident? STATEMENT OF CASE Our client, Sage Rent-A-Car, Inc. filed a surety bond with the Registrar of Motor Vehicles and is self-insured under R.C. 4509.72.
His abnormal behavior and clear signs of mental disturbance display a tragic example of violence caused by pathology. It is against my moral judgment to represent James Holmes in trial, as I pride my psychological experience and expertise on a strong ethical foundation. Therefore, in my professional opinion it is unethical to stand before a jury and testify in trial for the defendant. To deem him mentally insane in order for him to be vindicated of his violent mass murder crime by utilizing the insanity plea to escape jail time would never leave my conscience. James Holmes committed brutal and lethal acts on July 20, 2012 in Colorado that were premeditated and precisely calculated; Acts that resulted in the tragic death and serious harm to several innocent, harmless civilians.
He ordered Yatcilla to place the car against a pillar, radioed in an "auto accident" involving a "fixed object," and then ordered Colon to write a report indicating that Brady had swerved to avoid an oncoming car, mounted the sidewalk, and struck the pillar. Neither Colon nor Yatcilla seems to have objected to staging an accident or filing a false report. Yet, filing a false report commits at least two offences: Tampering with a Public Record; and Obstruction of the Administration of the Law. Each is a second-degree misdemeanor, punishable by a maximum of two years in prison. (4) Staging an accident is Insurance Fraud, a third degree felony punishable by a maximum of seven years imprisonment.
Lori committed a controversial crime that many people believe was the right call to make but a crime is a crime you can’t break the law just because you don't like it and in this paragraph i will explain to you what law Lori will most likely be charged for. Lori can be charged with murder in the first degree because she premeditated the murder she took the gun with her to the hospital to visit Vincent. In the event that she doesn't get charged with first degree murder she would be charged with a
Why did Brooks knowingly lie about what Spradley said? “She had been beaten, and one of her eyes was bloodshot and swollen” (“Justia US Law, 2011) when she came into the police station earlier that year. Brooks may have thought that by making those false statements, it would give justice to what had happened to her, even though he may have been innocent of the charges currently filed against him. The third and final context to consider is criminal justice. This view is that sometimes the criminal justice system fails and non-law-abiding citizens get away with certain acts.
August 2, 2012 TO: Honorable Judge Stephania Jancewicz RE: Case #2011-CT-001879 Defendant: Sarah Johnson, DOB 09-25-1976 199 Northshore Circle Casselberry, FL 32707 321-439-8485 Sjohnson216@valenciacollege.edu Dear Honorable Judge Jancewicz: It is with deepest respect and the upmost sincerity that I write to you. The above named case is a criminal traffic violation of mine committed in 2011 for driving without a valid drivers’ license. At the time of the incident, I was sent a complaint to appear in court for this violation, but the complaint was accidently sent to the wrong address by your office, causing a bench warrant to be ordered, and I was ultimately arrested for not appearing for this hearing. My mother immediately