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California v. Ciraolo, 476 U.S. 207 (1986), was a decision by the Supreme Court of the United States in which the Court held that aerial observation of a person's backyard by police, even if done without a search warrant, does not violate the Fourth Amendment to the U.S. Constitution.
Investigators must normally obtain a court-issued warrant before seizing property, by presenting enough evidence to a magistrate judge to meet the probable cause requirement. [13] When using the plain view doctrine, investigators must possess the evidence needed to meet the probable cause requirement, as they are only exempt from the step of ...
In the Court of the Crimson King (subtitled An Observation by King Crimson) is the debut studio album by English progressive rock band King Crimson, released on 10 October 1969, by Island Records. [3]
It has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. R. J. Shafer offers this checklist for evaluating eyewitness testimony: How well could the eyewitness observe the thing he reports? Were his senses equal to the observation? Was his physical location suitable to sight, hearing, touch?
The aerial surveillance doctrine’s place in Fourth Amendment jurisprudence first surfaced in California v.Ciraolo (1986). In this case, the U.S. Supreme Court considered whether law enforcement’s warrantless use of a private plane to observe, from an altitude of 1,000 feet, an individual’s cultivation of marijuana plants in his yard constituted a search under the Fourth Amendment. [1]
The expression became one of the best-known phrases in the history of the Supreme Court. [4] Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he did not use the word "obscenity" himself in his short concurrence, but stated that he knew what fit the "shorthand description" of "hard-core pornography" when he saw it.
Obiter dicta (often simply dicta, or obiter) are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, obiter dicta include, but are not limited to, words "introduced by way of illustration, or analogy or argument". [1]
[C]urtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by ...