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Huddleston v. United States, 485 U.S. 681 (1988), was a case in which the United States Supreme Court held that before admitting evidence of extrinsic acts under Rule 404(b) of the Federal Rules of Evidence, federal courts should assess the evidence's sufficiency under Federal Rule of Evidence 104(b). Under 104(b), "[w]hen the relevancy of ...
Constructive possession can also refer to items inside of a vehicle. The owner and driver of the vehicle can be in constructive possession of all things inside their car. If a minor were driving their vehicle with passengers possessing alcohol or any illegal substance, the driver may be cited for constructive possession.
The mere evidence rule was drawn from the opinion of the United States Supreme Court in the case Boyd v. United States . [ 1 ] In Boyd , the Court ruled that a statute that compelled the production of documents as part of an investigation into the payment of duties was a violation of the Fourth and Fifth Amendments.
When using the plain view doctrine, investigators must possess the evidence needed to meet the probable cause requirement, as they are only exempt from the step of obtaining a warrant from a judge. [14] The doctrine only authorizes the seizure of contraband or evidence; it does not authorize a further search or additional investigation. [15]
The area can encompass the entire vehicle, including the trunk. The motor vehicle exception, in addition to allowing officers to search the vehicle, allows officers to search any containers found inside the vehicle that could contain the evidence or contraband for which they are searching (United States v. Ross). The objects searched do not ...
MUNCIE, Ind. — A Muncie woman on Monday pleaded guilty to providing a local man with heroin that led to his fatal overdose. Kimberlee Ann Twigg, 30, had been scheduled to go on trial Monday in ...
Possession of child pornography is a Level 5 felony in Indiana, punishable by one to six years in jail. Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.
Emergency aid doctrine is an exception to the Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. [8] A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in hot pursuit; where there is a probability that a suspect ...