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Case Law 4 Cops-Interviews & Interrogations Case Law

Details: Article 36(2) specifies: "The rights referred to in paragraph 1 shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso that the said laws must enable full effect to be given to the purposes for which the rights accorded under this Article are intended."

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Case Law 4 Cops-Arrest/Detention Case Law

Details: Lawrence v. Texas, 539 U.S. 558 (2003)-The case struck down the sodomy laws across the country. Individual decisions concerning the intimacies of physical relationships, even when not intended to produce offspring, are a form of "liberty" protected by due process.

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Case Law 4 Cops-Police Surveillance Case Law

Details: Rickmon, No. 19-2054 (7 Cir. 2020)-ShotSpotter is a surveillance network of GPS-enabled acoustic sensors used to identify, triangulate, and direct officers to the location of gunfire. ShotSpotter detected gunfire and police were sent to the area. The first officer on scene spotted a vehicle leaving the area.

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Case Law 4 Cops-Use of Force

Details: Force: The use of physical take-downs, compliance techniques, any form of restraint other than handcuffing, striking with a hand, foot or any other object, the discharge of a firearm (except when used for firearms training, practice, qualification, ballistics examinations, or a sporting event), the use of any impact weapon, chemical agent, oleoresin capsicum, electronic restraint device, or a

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Case Law 4 Cops-Police K-9 Case Law

Details: Florida v. Jardines, No. 11–564 (2013)-The Court held that taking a K-9 onto the porch of the defendant's home to sniff for drugs inside is a search and requires consent or a search warrant.The officer entered into the curtilage for evidence gathering purposes in violation of the defendant's Constitutionally protected 4th Amendment rights.

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Case Law 4 Cops-Police Traffic Stops/ Vehicle Searches

Details: Click on the case titles to link to the full case decision. Carroll v. U.S., 267 U.S. 132 (1925)-Police may conduct a warrantless search of a vehicle stopped on traffic if there is probable cause to believe that the vehicle contains contraband or evidence.The search without a warrant is justified based on the exigent circumstance that a vehicle stopped on traffic could be quickly moved out of

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Case Law 4 Cops-Mental Illness/ Abnormality Case Law

Details: Kesinger v. Herrington, 381 F. 3d 1243 (11 Cir. 2004)-Kesinger was a mentally ill person standing in traffic wanting to commit suicide. A plain-clothed detective named Herrington saw him and stopped his vehicle. He motioned Kesinger to get out of the traffic. kesinger charged him down.

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Case Law 4 Cops Article-Curtilage

Details: The United States Supreme Court described Curtilage in the case US v.Dunn as that area which harbors the "intimate activity associated with the `sanctity of a man's home and the privacies of life.'"Curtilage is the area surrounding a home where occupants have a reasonable, but diminished expectation of privacy from government intrusion.

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Case Law 4 Cops Article-Why Legalizing Drugs is a Bad Idea

Details: City governments are passing laws forbidding the use of tobacco outside in public places. There has been a movement to ban smoking tobacco in apartments and in places like homes and cars when children are present; Belmont, California is an example of this. The argument is that smoking tobacco or being exposed to the second-hand smoke from

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Case Law 4 Cops-Plain View, Smell, Feel-Open Field Case Law

Details: Click on the case titles to link to the full case decision. Hester v. US, 265 U.S. 57 (1924)-the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers and effects,' is not extended to the open fields.. United States v. Lee, 274 U.S. 559 (1927)-Plain view is not affected by the use of spot lights and field glasses (binoculars).

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Case Law 4 Cops-Katz v. US

Details: The Berger case also set up what appeared to be insuperable obstacles to the valid passage of such wiretapping laws by States. The Court's opinion in this case, however, removes the doubts about state power in this field and abates to a large extent the confusion and …

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Case Law 4 Cops-Stop & Frisk or "Terry Stop" Case Law

Details: Cases involving police stop $ frisk or 'Terry stops'. Click on the case titles to link to the full case decision. Terry v. Ohio,392 US 1(1968)-An officer can briefly detain a person, based upon reasonable suspicion of criminal activity, long enough to dispel the suspicion or to allow it to rise to the level of probable cause for an arrest.The officer is also permitted to do a limited "frisk

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Case Law 4 Cops-Delaware v. Prouse

Details: Only last Term we pointed out that "if the government intrudes . . . the privacy interest suffers whether the government's motivation is to investigate violations of criminal laws or breaches of other statutory or regulatory standards." Marshall v. Barlow's, Inc., 436 U.S., at 312 -313.

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Case Law 4 Cops-Gonzales v. Raich

Details: Justice Stevens delivered the opinion of the Court. California is one of at least nine States that authorize the use of marijuana for medicinal purposes.1 The question presented in this case is whether the power vested in Congress by Article I, §8, of the Constitution “[t]o make all Laws which shall be necessary and proper for carrying into Execution” its authority to “regulate Commerce

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Case Law 4 Cops-Evidence Case Law

Details: Click on the case titles to link to the full case decision. Weeks v. United States, 232 U. S. 383-The police entered Weeks' home without a warrant twice and searched it for papers indicating Weeks was using the mail to commit crimes.The Court held that the warrantless entry and seizure of items from a private residence is a violation of the Fourth Amendment and the evidence shall be excluded

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Case Law 4 Cops-Exigent Circumstances Case Law

Details: Click on the case titles to link to the full case decision. Ker v. California, 374 U.S. 23 (1963)-Police can enter a residence without a warrant to prevent the imminent destruction of evidence. Wayne v. US, 318 f. 2d 205 (Court of Appeals DC Circuit, 1963)-Police, having a report of an unconscious person in a home, can force entry to check the welfare of the person as an exigent circumstance.

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Case Law 4 Cops Article-Law Enforcement and Drivers from

Details: Any person who is a nonresident-Any alien unless such person presents valid documentation of identity and authorization for presence in the United States issued pursuant to the laws of the United States; provided, no license shall be issued to any alien whose documentation indicates the alien is a visitor or is not eligible to establish residency.

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Case Law 4 Cops-Terry v. Ohio

Details: An arrest is the initial stage of a criminal prosecution. It is intended to vindicate society's interest in having its laws obeyed, and it is inevitably accompanied by future interference with the individual's freedom of movement, whether or not trial or conviction ultimately follows.

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Case Law 4 Cops-Right to Counsel Case Law

Details: Click on the case titles to link to the full case decision. Gideon v. Wainwright 372 U.S. 335 (1963)-Florida law only provided counsel for indigent defendants in capital cases. The USSC ruled that an indigent defendant has a right to court appointed counsel in non-capital cases as well as capital cases.

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Case Law 4 Cops-Body Search Case Law

Details: Click on the case titles to link to the full case decision. Breithaupt v. Abram, 352 U.S. 432 (1957)-A police officer had a physician at a hospital draw blood from the unconscious driver of a vehicle that caused a fatality accident.The Court held that the drawing of blood did not “shock the conscience” nor did the method offend a “sense of justice.”

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Case Law 4 Cops-Lawrence v. Texas

Details: The 25 States with laws prohibiting the conduct referenced in Bowers are reduced now to 13, of which 4 enforce their laws only against homosexual conduct. In those States, including Texas, that still proscribe sodomy (whether for same-sex or heterosexual conduct), there is a pattern of nonenforcement with respect to consenting adults acting in

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Case Law 4 Cops-US v. Thomas-2nd Circuit

Details: The same analysis applies to 21 U.S.C. Sec. 846, the section on conspiracy to violate narcotics laws. The Report of the House of Representatives Interstate and Foreign Commerce Committee on the Comprehensive Drug Abuse Prevention and Control Act of 1970 states that "[t]he illegal traffic in drugs should be attacked with the full power of the

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Case Law 4 Cops-Chimel v. California

Details: The only thing that has given me pause in voting to overrule Harris and Rabinowitz is that as a result of Mapp v. Ohio, 367 U. S. 643 (1961), and Ker v. California, 374 U. S. 23 (1963), every change in Fourth Amendment law must now be obeyed by state officials facing widely different problems of …

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Case Law 4 Cops-Hiibel v. Sixth Judicial District Court of

Details: Stop and identify statutes often combine elements of traditional vagrancy laws with provisions intended to regulate police behavior in the course of investigatory stops. The statutes vary from State to State, but all permit an officer to ask or require a suspect to disclose his identity. A few States model their statutes on the Uniform Arrest

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Case Law 4 Cops-Us v. Jeffers

Details: On the basis of the seized narcotics, the accused, respondent here, was convicted of violation of the narcotics laws, 26 U.S.C. 2553 (a) and 21 U.S.C. 174. 1 Prior to trial the District Court had denied respondent's motion to suppress, as evidence at the trial, the property seized.

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Case Law 4 Cops-US v. Downs-10th Circuit-1998

Details: United States Court of Appeals, Tenth Circuit. 151 F.3d 1301. United States of America, Plaintiff-appellee . v. Robert Lee Downs, Defendant-appellant

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Case Law 4 Cops-US v. Ngumezi, No. 19-10243, 9th Circuit

Details: The court found Ngumezi guilty and sentenced him to 18 months of imprisonment, to be followed by two years of supervised release. On appeal, Ngumezi challenges only the denial of the motion to suppress, which we review de novo. United States v. Ped, 943 F.3d 427, 430 (9th Cir. 2019).

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Case Law 4 Cops-Monroe v. Pape-365 U.S. 167 (1961)

Details: The laws of Louisiana required the defendants "to count the ballots, to record the result of the count, and to certify the result of the election." United States v. Classic, supra, 325-326. But according to the indictment they did not perform their duty. In an opinion written by Mr. Justice (later Chief Justice) Stone, in which Mr. Justice

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Case Law 4 Cops-Caniglia v. Strom-No. 20-157-SCOTUS-2021

Details: Every State has laws allowing emergency seizures for psychiatric treatment, observation, or stabilization, but these laws vary in many respects, including the categories of persons who may request the emergency action, the reasons that can justify the action, the necessity of a judicial proceeding, and the nature of the proceeding. 2 Mentioning

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Case Law 4 Cops-Carroll v. US

Details: So, also, the laws which provide for the search and seizure of articles and things which it is unlawful for a person to have in his possession for the purpose of issue or disposition, such as counterfeit coin, lottery tickets, implements of gambling, etc., are not within this category. Common- welath v. Dana, 2 …

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Case Law 4 Cops-Aguilar v. Texas-378 U.S. 108 (1964)

Details: [ Footnote 2 ] Petitioner was also indicted on charges of conspiring to violate the federal narcotics laws, Act of February 9, 1909, c. 100, 35 Stat. 614, 2, as amended, 21 U.S.C. 174; Internal Revenue Code of 1954, 7237 (b), as amended, 26 U.S.C. 7237 (b). He was found not guilty by the jury.

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Case Law 4 Cops-MISSOURI v. MCNEELY-No. 11–1425 (2013)

Details: Such laws impose significant consequences when a motorist withdraws consent; typically the motorist’s driver’s license is immediately suspended or revoked, and most States allow the motorist’s refusal to take a BAC test to be used as evidence against him in a subsequent criminal prosecution.

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Case Law 4 Cops-Gonzales v. Oregon-No. 04-623 (2006)

Details: “(3) The applicant’s conviction record under Federal or State laws relating to the manufacture, distribu tion, or dispensing of controlled substances. “(4) Compliance with applicable State, Federal, or local laws relating to controlled substances.“(5) Such other conduct …

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Case Law 4 Cops-US v. Owens-1st Circuit

Details: 1. Following a twenty-one day trial, a jury convicted defendant-appellant Dwayne Owens on a number of serious charges including murder, racketeering, cocaine distribution, being a fugitive in possession of a firearm, and money laundering. In this appeal, Owens challenges his convictions on various grounds.

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Case Law 4 Cops-Brinegar v. US-338 U.S. 160 (1949)

Details: Okla.Sess.Laws, 1939, c. 16, Art. 1, § 1, in effect at the time of petitioner's arrest, made it unlawful to import or cause to be imported into that state, without a permit, any intoxicating liquor containing more than 4 percent of alcohol by volume. [Footnote 2]

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Case Law 4 Cops-Mapp v. Ohio

Details: 364 U.S. at 364 U. S. 222. The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v.

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Case Law 4 Cops-Glik v. Cunniffe-1st Circuit

Details: Glik was eventually charged with violation of the wiretap statute, Mass. Gen. Laws ch. 272, § 99 (C) (1), disturbing the peace, id. ch. 272, § 53 (b), and aiding in the escape of a prisoner, id. 1 It is not clear from the complaint whether this was the same …

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Case Law 4 Cops-Florida v. Bostick

Details: 1. The Florida Supreme Court erred in adopting a per se rule that every encounter on a bus is a seizure. The appropriate test is whether, taking into account all of the circumstances surrounding the encounter, a reasonable passenger would feel free to decline the officers' requests or …

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Case Law 4 Cops-Bivens v. Six Unknown Fed. Narcotics

Details: The interests protected by state laws regulating trespass and the invasion of privacy, and those protected by the Fourth Amendment's guarantee against unreasonable searches and seizures, may be inconsistent or even hostile. Thus, we may bar the door against an unwelcome private intruder, or call the police if he persists in seeking entrance.

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Case Law 4 Cops-Juvenile/ School Case Law

Details: In Re Gault, 387 US 1 (1967)-The US Supreme Court in this case established that juveniles have several rights that adults have. 1) Due process requires adequate and timely notice. 2) There is right to counsel. 3) The privilege against self incrimination applies.

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Case Law 4 Cops-Miranda v. Arizona

Details: In a government of laws, existence of the government will be imperilled if it fail to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man

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Case Law 4 Cops-Boyd v. US

Details: BRADLEY, J. This was an information filed by the district attorney of the United States in the district court for the Southern district of New York, in July, 1884, in a cause of seizure and forfeiture of property, against 35 cases of plate glass, seized by the collector as forfeited to the United States, under the twelfth section of the 'Act to amend the customs revenue laws,' etc., passed

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Case Law 4 Cops-Kansas v. Glover-No. 18-556-SCOTUS-2020

Details: The Division also has discretion to revoke a license if a driver "[h]as been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways," "has been con- victed of three or more moving

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Case Law 4 Cops-Dow Chemical Co. v. United States

Details: Post, at 248-249, and n. 11. While such laws may protect against use of photography by competitors in the same trade to advance their commercial interests, in no manner do "those laws constitute society's express determination" that all photography of Dow's facility violates reasonable expectations of …

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Case Law 4 Cops-US v. Race-1st Circuit

Details: 529 F.2d 12. UNITED STATES of America, Appellee, v. Randall James RACE, Defendant-Appellant. No. 75--1169. United States Court of Appeals, First Circuit.

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Case Law 4 Cops-Kennedy v. Louisiana-2008

Details: P. 3d 446, 466 (2003) (addressing the death penalty for conspiracy to commit murder and noting that “the constitutionality of laws imposing the death penalty for crimes not necessarily resulting in death is unresolved”). There is, to be sure, some contrary authority contained in various state-court opinions.

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