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Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
[1] Grubbs' defense counsel, Mark Reichel [2] [3] moved to suppress the evidence seized during the search of his residence, arguing in part that the warrant was invalid because it failed to list the triggering condition and that the 4th Amendment requires officers to provide a copy of the search warrant to the homeowner when conducting a search ...
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.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
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.
Whren v. United States, 517 U.S. 806 (1996), was a unanimous United States Supreme Court decision [1] that "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop."
Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012), was a United States Supreme Court case in which the Court held that officials may strip-search individuals who have been arrested for any crime before admitting the individuals to jail, even if there is no reason to suspect that the individual is carrying contraband.
Wyoming v. Houghton, 526 U.S. 295 (1999), is a United States Supreme Court case which held that absent exigency, the warrantless search of a passenger's container capable of holding the object of a search for which there is probable cause is not a violation of the Fourth Amendment to the United States Constitution because it is justified under the automobile exception as an effect of the car.