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While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must ...
A California court convicted him under state law, and when Roth appealed the decision, the Supreme Court upheld the conviction. In the majority decision, written by Justice Brennan, a new test was created for determining what can be considered obscene (the Hicklin test was used since a ruling in 1857, which the Court abandoned in Roth ).
United States v. Place, 462 U.S. 696 (1983), is a decision by the Supreme Court of the United States in which the Court held that it does not violate the Fourth Amendment to the U.S. Constitution for a trained police dog to sniff a person's luggage or property in a public place.
The Fourth Amendment's protection against unreasonable searches and seizures extends to the length of a seizure, a federal court ruled last week, significantly restricting how long law enforcement ...
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
Georgia v. Randolph, 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects.
Federal civil forfeiture cases usually start with a seizure of property followed by the mailing of a notice of seizure from the seizing agency (generally the DEA or FBI) to the owner. The owner then has 35 days to file a claim with the seizing agency. The owner must file this claim to later protect his property in court.
FILE - Sparta residents attend a Georgia Public Service Commission hearing on whether a railroad company can use eminent domain to condemn property in their community, in Atlanta, Aug. 6, 2024.