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A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
PIT maneuver diagram (animated GIF image) California Highway Patrol cruisers using a PIT maneuver to disable a fleeing vehicle The PIT maneuver (precision immobilization technique [1]), also known as TVI (tactical vehicle intervention), is a law enforcement pursuit tactic in which a pursuing vehicle forces another vehicle to turn sideways abruptly, causing the driver to lose control and stop. [2]
Rodriguez filed a motion to suppress evidence discovered by the drug detection dog, arguing that an officer may not extend an already completed traffic stop to conduct a canine sniff without reasonable suspicion or other lawful justification. [18] However, the district court denied the motion. [19]
In California, there is a carefully prescribed procedure governing such request, and making disclosure without an order is a crime. The statutory scheme was developed, in part, because law enforcement departments had developed a practice of purging their files concerning misconduct claims made against their officers. [20]
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
Doggett v. United States, 505 U.S. 647 (1992), was a case decided by the Supreme Court of the United States.. The court held that the 8 + 1 ⁄ 2 year delay between Doggett's indictment and actual arrest violated his Sixth Amendment right to a speedy trial, arguing that the government had been negligent in pursuing him and that Doggett had remained unaware of the indictment until his arrest.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.