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In such cases, the defendant at times disclaims any knowledge of possession of the controlled substance in question. Accordingly, the chain of custody documentation and testimony is presented by the prosecution to establish that the substance in evidence was in fact in the possession of the defendant.
Troxel v. Granville, 530 U.S. 57 (2000), is a case in which the Supreme Court of the United States, citing a constitutional right of parents to direct the upbringing of their children, struck down a Washington law that allowed any third party to petition state courts for child visitation rights over parental objections.
Constructive possession is an important concept in both criminal law, regarding theft and embezzlement, and civil law, regarding possession of land and chattels. For example, if someone steals your credit card number, the credit card never leaves your actual possession, but the person who has stolen the number has constructive possession and ...
Stogner v. California, 539 U.S. 607 (2003), is a decision by the Supreme Court of the United States, which held that California's retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law. [2]
Argument: Oral argument: Opinion announcement: Opinion announcement: Case history; Prior: Alvarado v. Hickman, 316 F.3d 841 (9th Cir. 2002); cert. granted, 539 U.S. 986 (2003).: Holding; A state court considered the proper factors and reached a reasonable conclusion that a minor was not in custody for Miranda purposes during his police interview, despite the fact that the state court did not ...
Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. [1]
California, 549 U.S. 270 (2007), is a decision by the Supreme Court of the United States in which the Court held, 6–3, that the sentencing standard set forward in Apprendi v. New Jersey (2000) applies to California 's determinate sentencing law.
It has been argued that in some situations, possession is ten-tenths of the law. [6] While the concept is older, the phrase "Possession is nine-tenths of the law" is often claimed to date from the 16th century. [7] In some countries, possession is not nine-tenths of the law, but rather the onus is on the possessor to substantiate his ownership. [8]