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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.
For the plain view doctrine to apply for discoveries, the three-prong Horton test requires that: [3] The officer is lawfully present at the place where the evidence can be plainly viewed; The officer has a lawful right of access to the object; The incriminating character of the object is immediately apparent
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws, in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring, finding it was a Fourth Amendment search that was later ...
In ancient Roman law, landowners could only take legal possession of animals by capturing and maintaining physical control over them. [4] English common law originally restricted the right to hunt animals to those who had permission from the Crown, but later laws allowed landowners to hunt animals that entered upon their land through the principle of ratione soli. [5]
Possession of a thing for long enough can become ownership by termination of the previous owner's right of possession and ownership rights. In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by ...
An inmate died after he was pepper-sprayed while fighting with detention officers at the Tarrant County Jail during a check for contraband, the Tarrant County Sheriff’s Office said in a news ...
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
Possession of child pornography is a Level 5 felony in Indiana, punishable by one to six years in jail. Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.