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The officer must be lawfully present where he or she sees the item. For example, an officer may not enter a suspect's home without a warrant and rely on the plain view doctrine. However, if an officer is inside a suspect's home under an unrelated warrant, he or she may rely on the plain view doctrine, subject to the doctrine's other ...
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. [1] [2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest.
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.
Minnesota v. Dickerson, 508 U.S. 366 (1993), was a decision by the Supreme Court of the United States.The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.
Miller v. United States, 357 U.S. 301 (1958), was a landmark decision by the United States Supreme Court, which held that one could not lawfully be arrested in one's home by officers breaking in without first giving one notice of their authority and purpose. [1]
John Wiley & Sons, Inc., 568 U.S. 519 (2013), is a United States Supreme Court copyright decision in which the Court held, 6–3, that the first-sale doctrine exhausts copyright of the works lawfully made or purchased abroad.
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or expensive for the party who was to perform.
The trial judge dismissed the application, finding that there had been no breach of section 8. Noting that he had been lawfully arrested (the police could enter the house without a warrant because of exigent circumstances), and that the search was done to advance the objectives of the arrest. He was convicted on all charges. [11] [13]