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Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime.
Most courts of appeal to pass judgment on the issue—namely, the 1st, 2nd, 6th, 7th, and 11th circuits —have held that, once an item is seized, law enforcement can retain the item indefinitely ...
Before 1968, the law required substantial evidence to impede liberty or seize property. However, the Fourth Amendment does not protect consensual encounters. In its Terry decision, the Supreme Court found that the police should have the power to search, even without probable cause, to protect themselves from weapons. [ 6 ]
Prosecutors need to prove that a 3rd party owner knew about the criminal use of their property. [46] All proceeds go to law enforcement. [46] Alaska Property owner needs to prove by preponderance of the evidence that the property at stake is not connected to a crime. [47] 3rd party owners need to prove their own innocence. [47]
The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials ...
Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults’ access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done. July 2, 2024: January 15, 2025 Fuld v. Palestine Liberation Organization: 24-20 24-151
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
Here's a breakdown of what law enforcement recovered: 2023 Ohio drug seizure totals. ... according to the release. The task forces also seized 400 firearms and $5,471,132 million in currency.