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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.
Near 3 a.m. on August 7, 1999, a police officer in Baltimore County, Maryland pulled over a car for speeding and for the driver's failure to wear a seatbelt.The car was being driven by Donte Partlow, the vehicle's owner, and had two passengers: Joseph Pringle in the front seat, and Otis Smith in the backseat.
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.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
The motor vehicle exception was first established by the United States Supreme Court in 1925, in Carroll v. United States. [1] [2] The motor vehicle exception allows officers to search a vehicle without a search warrant if they have probable cause to believe that evidence or contraband is in the vehicle. [3]
The Supreme Court held that this additional inspection was not covered by the plain view doctrine, and as such, the contraband could not be used against the defendant. [20] However, the court's reasoning extended the plain view doctrine to other senses, such as the sense of touch. [21]
Michael Conahan was sentenced to 17½ years in the judicial scandal, which the FBI described as the “worst in Pennsylvania’s history.”
A search will be reasonable under section 8 if it is 1) authorized by law, 2) the law itself is reasonable, and 3) the search was conducted in a reasonable manner. [3] A reasonable law under section 8 is one which properly balances the privacy interests of the person with the law enforcement objectives of the state. [4]