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Civil forfeiture begins when government suspects that a property is connected with illegal drug activity, and files a civil action: [22] The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable ...
The Fourth Amendment's protection against unreasonable searches and seizures extends to the length of a seizure, a federal court ruled last week, significantly restricting how long law enforcement ...
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution. [1]
Federal civil forfeiture cases usually start with a seizure of property followed by the mailing of a notice of seizure from the seizing agency (generally the DEA or FBI) to the owner. The owner then has 35 days to file a claim with the seizing agency. The owner must file this claim to later protect his property in court.
Georgia v. Randolph , 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant , police had no constitutional right to search a house where one resident consents to the search while another resident objects.
The personal, or subjective, motives of an officer are not a factor in the Court's Fourth Amendment analysis of whether the cause for a stop is sufficient. The standard for reasonable suspicion is purely an objective one. [3] [1] A major concern with this case's ruling is that police conducting traffic stops may racially profile the stopped ...
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 ...
According to U.S. Funerals Online, there are no state laws prohibiting burying a body on your own property in Georgia. However, there is one county in the Peach State that has specific laws ...