Probable Cause Article Summary In order to issue to a search warrant, a judge must sign the order and authorize and obtain the specifics along with the location. The search warrant is only good for the specified location, so if the warrant specifies the garage at a certain address, authorities cannot search the inside of the home as well. In an article published online regarding the Trayvon Martin case, Reverend Al Sharpton stated he was enforcing the arrest of George Zimmerman regarding the released videos that gave probable cause to arrest him “for obstruction of justice and for filing a false police report if in fact he told police he sustained a broken nose and other injuries” (EurPublisher, 2012). Warrant requirement exceptions can be anything from roadside sobriety checkpoints, which have been court approved but must be done in a fair and organized manner. “For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view.
His reason- he felt that they were not giving him the rights he deserved by denying him access to the law library and the state Attorney Grievance Commission. Unlike Colin Ferguson, Stewart was able to prove his innocence and was acquitted of the murder charges. The Washington Post stated that the only thing left of this case was the prosecution thinking twice about the quality of their case, if someone who was a high school dropout was able to beat them. No one went back and asked if he was denied any rights, possibly because Stewart came out of the court room
The article claims that efforts targeted to catch offenders are harsh, inappropriate and a waste of time. Since neither prostitutes nor the male customers run to the police to complain about the other's conduct, police must count on trickery and deceit. For example, in some cities, laws against prostitution are converting local policemen into de facto car thieves and policewomen into masquerade prostitutes. Unfortunately, according to the article laws against prostitution bring out the worst among the nation's law-enforcement agencies. Putting prostitutes and their customers in jail will just overcrowd jails which causes hardships to many
First, he broke the department policy by not video recording the interview which was essential to built a solid case if they had confess in which he claimed the two did. Secondly, he did not have either of the young offenders guardian(s) present which was a grand mistake. Not only did he confess to intentionally crossing the line by avoiding bringing in the parents and including them in the interview he probably is also guilty of coercing them in the confession. According, to the self-incrimination clause it clearly states that any statement made by defendant(s) while in police custody before trail will be inadmissible during prosecution unless the police first warn the defendants that they have the right to remain silent, the right to consult an attorney before being questioned, the right to have an attorney present during police questioning, the right to a court appointed attorney if they cannot afford one, the right to be informed that any statement they do make can
Braswell v. United States In the case of Braswell v. United States 1988; Braswell was the sole shareholder and officer of two companies which specialized in the buying and selling of timber, oil interests, land, and machinery. (Melvin, 2011, p.569) Braswell was being investigated by federal authorities thus they subpoenaed him for his business records. Braswell refused and pleaded to use his right of the Fifth Amendment claiming that it protects business owners against self-incrimination. This paper will discuss the following: If a corporation has been recognized as a legal “person” for First Amendment purposes, shouldn’t the Fifth Amendment protect it too, What if Braswell’s company was a sole proprietorship rather than a corporation, What
Hudson was charged under Michigan law with unlawful drug and firearm possession. When police arrived to execute the warrant, they announced their presence, but waited only a short time perhaps “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. At trial Hudson argued that police violated the knock and announce requirement, therefore all the evidence stemming from the search warrant should be inadmissible. The Trial Judge granted the motion to suppress the evidence. On appeal, Michigan Court of Appeals reversed the motion to suppress.
4509.72. Sage Rent-A-Car leased a vehicle to Mr. Jeffery Calkin. Mr. Calkin failed to abide by a stop sign, and collided with Ms. Jane White. Ms. White filed a complaint. ARGUMENT Ms. White cannot establish
Jeffrey believes that the government secured his conviction unlawfully by suppressing evidence, that there was no evidence that supported Jeffrey’s account. The government countered by saying that the suppressed evidence was crucial to his ability to defend that non-factual members were at the crime scene and that many of those items were found under finger nail tips and other critical locations would logically be viewed as signatures left by the murders. The FBI lab releases a list of examined evidence, the debris from the club was wool black fibers not pajama top wool fibers. Murtagh proclaims he did not know about the fibers and signs an affidavit swearing so. In 1986 Beasley gives a statement of facts to Ted L. Gunderson.
An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
This article does not protect an acting noncommissioned officer or acting petty officer, nor does it protect military police or members of the shore patrol who are not warrant, noncommissioned, or petty officers. Knowledge. All of the offenses prohibited by Article 91 require that the accused have actual knowledge that the victim was a warrant, noncommissioned, or petty officer. Actual knowledge may be proved by circumstantial evidence. I could have also been charged for lesser charges had things would have escalated worse off.