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New York's Vehicle and Traffic Law § 1192(4) [71] provides that "[n]o person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug." Courts apply a four-step process in determining whether there is a prima facie case for a violation of § 1192(4): (1) defendant ingested a drug ...
Ohio v. Robinette , 519 U.S. 33 (1996), was a United States Supreme Court case in which the Court held that the Fourth Amendment does not require police officers to inform a motorist at the end of a traffic stop that they are free to go before seeking permission to search the motorist's car .
(a) that the vehicle was driven dangerously on a road or other public place; (b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person; (c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
The laws regulating driving (or "distracted driving") may be subject to primary enforcement or secondary enforcement by state, county or local authorities. [1]All state-level cell phone use laws in the United States are of the "primary enforcement" type — meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense having taken place — except in ...
The motor vehicle exception was first established by the United States Supreme Court in 1925, in Carroll v. United States. [1] [2] The motor vehicle exception allows officers to search a vehicle without a search warrant if they have probable cause to believe that evidence or contraband is in the vehicle. [3]
The Illinois Appellate Court reversed Wardlow’s conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U.S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997). [1]
The Commission spent the next 24 years analyzing the massive body of uncodified law in the California Statutes and drafting almost all the other codes. By 1953, when the Code Commission completed its assigned task and issued its final report on September 1 of that year, 25 Codes were then in existence. [10]