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Motion to suppress denied; reversed, California Court of Appeal; reversed, 136 P.3d 845 (Cal. 2006); cert. granted, 549 U.S. 1177 (2007). Holding; Automobile passengers are "seized" within the meaning of the Fourth Amendment when the car in which they are riding is held at a law enforcement traffic stop. California Supreme Court vacated and ...
Lange v. California, 594 U.S. ___ (2021), was a United States Supreme Court case involving the exigent circumstances requirement related to the Fourth Amendment to the United States Constitution. The Court ruled unanimously that the warrantless entry into a home by police in pursuit of a misdemeanant is not unequivocally justified.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Huggins v. Boyd, Georgia Court of Appeals 2010 (304 Ga. App. 563) In this case involving a permanent protective order prohibiting Jonathan Huggins from stalking Karen Boyd, Huggins appealed the trial court's denial of his motion to set aside the order, arguing that the trial court had no personal jurisdiction over him. Because it was undisputed ...
Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard. These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial , and do not include trials ...
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. [1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2]
A Kenton man was ordered last month by a federal court to fess up $22,508.60 to the Ohio Division of Wildlife as part of the penalty for his guilty plea in May for violating the Clean Water Act.
United States v. Knights, 534 U.S. 112 (2001), was a case decided by the Supreme Court of the United States on December 10, 2001. The court held that the police search of a probationer supported by reasonable suspicion and pursuant to a probation condition satisfied the requirements under the Fourth Amendment.