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Schneckloth V. Bustamonte
''Schneckloth v. Bustamonte'', 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth Amendment. Background While on routine patrol in Sunnyvale, California, at approximately 2:40 in the morning, Officer James Rand stopped an automobile when he observed that one headlight and its license plate light were burned out. Six men were in the vehicle. Joe Alcala and the respondent, Robert Bustamonte, were in the front seat with Joe Gonzales, the driver. Three older men were seated in the rear. In response to the policeman's question, Gonzales could not produce a driver's license, Rand asked if any of the other five had any evidence of identification. Only Alcala produced a license, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent Search
Consent searches (or consensual searches) are searches made by police officers in the United States based on the voluntary consent of the individual whose person or property is being searched. The simplest and most common type of warrantless searches in the United States are searches based upon consent. No warrant, probable cause or reasonable suspicion is required to perform a search if a person, or someone else with the proper authority, consents to a search. A consent search assumes the individual, whose person or property is being searched, is aware that they have the right to refuse a search in a situation when confronted by law enforcement agents. By giving consent they are assumed to waive, freely and voluntarily, his or her Fourth Amendment rights, granting the officer permission to perform the search. Where consent is obtained through "deception" on the part of the police officer, the search may be determined to be an unreasonable search in violation of the Fourth Amend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with '' Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miranda V
Miranda may refer to: Law * '' Miranda v. Arizona'', an American legal case * ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoátegui * F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, '' Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1973 In United States Case Law
Events January * January 1 - The United Kingdom, the Republic of Ireland and Denmark enter the European Economic Community, which later becomes the European Union. * January 15 – Vietnam War: Citing progress in peace negotiations, U.S. President Richard Nixon announces the suspension of offensive action in North Vietnam. * January 17 – Ferdinand Marcos becomes President for Life of the Philippines. * January 20 – Richard Nixon is sworn in for a second term as President of the United States. Nixon is the only person to have been sworn in twice as President ( 1969, 1973) and Vice President of the United States ( 1953, 1957). * January 22 ** George Foreman defeats Joe Frazier to win the heavyweight world boxing championship. ** A Royal Jordanian Boeing 707 flight from Jeddah crashes in Kano, Nigeria; 176 people are killed. * January 27 – U.S. involvement in the Vietnam War ends with the signing of the Paris Peace Accords. February * February 8 – A milita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Fourth Amendment Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
