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Constructive possession is an important concept in both criminal law, regarding theft and embezzlement, and civil law, regarding possession of land and chattels. For example, if someone steals your credit card number , the credit card never leaves your actual possession, but the person who has stolen the number has constructive possession and ...
New York v. Belton, 453 U.S. 454 (1981), was a United States Supreme Court case in which the Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property.
It has been argued that in some situations, possession is ten-tenths of the law. [6] While the concept is older, the phrase "Possession is nine-tenths of the law" is often claimed to date from the 16th century. [7] In some countries, possession is not nine-tenths of the law, but rather the onus is on the possessor to substantiate his ownership. [8]
One authority that allows searches is the common law Search Incident to Arrest (SITA) rule. The rule allows an officer to search and seize anything from a lawfully arrested person if such action would advance the objectives of the arrest, including the discovery of evidence, prevention of escape, or ensuring the safety of the officer or the ...
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States.The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.