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Judges and magistrates are not adjuncts to law enforcement officials and as such are neutral and have no stake in the outcome of criminal prosecutions. The suppression of evidence obtained pursuant to a search warrant should be ordered only on a case-by-case basis and only in those instances where exclusion would promote the purposes of the ...
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
Birchfield was a consolidation of three cases: Birchfield v.North Dakota, Bernard v.Minnesota, and Beylund v.Levi.Birchfield was charged with violation of a North Dakota statute for refusing to submit to blood alcohol content testing; Bernard was charged with a violation of a Minnesota statute for refusing to submit to breath alcohol testing; Beylund underwent a blood alcohol test consistent ...
Escobedo v. Illinois, 378 U.S. 478 (1964), is a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. [1] The case was decided a year after the court had held in Gideon v. Wainwright that indigent criminal defendants have a right to be provided counsel at ...
Prouse (1979) and other cases, Scalia claimed that because there was a traffic violation, the search and seizure did not violate constitutional rights: "such stops could be made regardless of an officer's true intentions." [4] The Court agreed that race has no place in enforcement by pointing to the Equal Protection Clause. It claimed that as ...
Case history; Prior: United States v. Dickerson, 971 F. Supp. 1023 (E.D. Va. 1997); reversed, 166 F.3d 667 (4th Cir. 1999).: Holding; The mandate of Miranda v.Arizona that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspect's statements, not the requirement of 18 U.S.C. § 3501 that such statements simply be voluntarily given.
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...