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In the United States, the motion to suppress stems from the exclusionary rule.As the U.S. Supreme Court stated in Simmons v. United States: "In order to effectuate the Fourth Amendment's guarantee of freedom from unreasonable searches and seizures, this Court long ago conferred upon defendants in federal prosecutions the right, upon motion and proof, to have excluded from trial evidence which ...
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
A motion in limine is distinct from a motion for a protective order, which is a request to prevent the discovery of evidence, and a motion to suppress, which can be raised by the defense in American criminal trials to prevent the admission of evidence that was obtained unconstitutionally.
Franks v. Delaware, 438 U.S. 154 (1978), is a United States Supreme Court case dealing with defendants' rights to challenge evidence collected on the basis of a warrant granted on the basis of a false statement.
If the template has a separate documentation page (usually called "Template:template name/doc"), add [[Category:Ohio National Register of Historic Places templates]] to the <includeonly> section at the bottom of that page.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue. [2] If the moving party prevails, they are entitled to attorney's fees by right. The motion is codified in section 425.16 of the Code.
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