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In order for a person to receive protection under Article I § 8 (and the Fourth Amendment), (1) that person must have exhibited a subjective, expectation of privacy and (2) that expectation must be one that society is prepared to recognize as reasonable. See Katz v. United States, 389 U.S. 347 (1967); Commonwealth v. Lowery, 451 A.2d 245 (Pa ...
The following individuals all have various powers of arrest or detention within England & Wales in various capacities using the following legislation/law: Members of public ("Other persons" i.e. anyone who is not a constable): Common law - to prevent a Breach of the Peace; s24A Police and Criminal Evidence Act 1984
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. [1] In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
In the United Kingdom, a person must be told that they are under arrest in simple, non-technical language, the essential legal and factual grounds for his arrest. A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure, unless this is impractical due to the behaviour of the arrested person. The caution ...
Florida's social media ban for minors going into effect amid legal challenges. Under a controversial bill set to go into effect Jan. 1, no one in Florida under the age of 14 will be allowed to ...