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Exigence
In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter without knocking and waiting for the owner's permission to enter. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect's escape is imminent. Once entry is obtained, the plain view doctrine applies, allowing the seizure of any evidence or contraband discovered in the course of actions consequent upon the exigent circumstances. Criminal procedure In the criminal procedure context, exigent circumstance means the following: Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. There is no absolute test for determining if exigent circumstances exist, but general factors have b ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ...
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Hot Pursuit
Hot pursuit (also known as fresh or immediate pursuit) is the urgent and direct pursuit of a criminal suspect by peace officer, law enforcement officers, or by belligerents under international rules of engagement for military forces. Such a situation grants the officers in command powers they otherwise would not have. Common law jurisdictions English law Hot pursuit has long formed a part of English law, English common law. The principle can be traced back to the doctrine of distress damage feasant, which allowed a property owner to detain animals trespassing on his land to ensure that he was compensated for the damage they had caused. In particular, a case in 1293 held that a property owner could also chase after trespassing animals leaving his land and catch them if he could. Later cases extended this idea to allow a property owner to distrain the goods of a tenant behind on his rent outside his property (in ''Kirkman v. Lelly'' in 1314) and peace officers to make arrests outsi ...
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Powers Of The Police In England And Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces (most commonly a member of the British Transport Police) can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables (both full-time and volunteer special constables). All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables. There ar ...
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Brigham City V
Brigham may refer to: Places * Brigham, Cumbria, England * Brigham, East Riding of Yorkshire, England * Brigham City, Utah, USA * Brigham, Wisconsin, USA * Brigham, Quebec, Canada People * Brigham (surname), including a list of people with the surname * Brigham Young (1801–1877), second prophet and president of The Church of Jesus Christ of Latter-day Saints ** Brigham Young Jr. (1836–1903), American Mormon missionary and leader in the LDS Church, a son of Brigham Young ** Brigham Morris Young (1854–1931), Mormon missionary and entertainer, another son of Brigham Young * Brigham D. Madsen (1914–2010), American historian * Brigham McCown (born 1966), American entrepreneur and former government official * Brigham Smoot (1869–1946), American Mormon missionary and businessman Institutions * Brigham and Women's Hospital, a Harvard University affiliated teaching and research institution in Boston, Massachusetts * Brigham Young University (BYU), in Provo, Utah, USA * Brigh ...
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Search And Seizure
Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and Confiscation, confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection ...
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Plain View Doctrine
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by Transportation Security Administration officers while screening people and property at American airports.Why We Do What We Do: When Security Officers Find Illegal Items at the Checkpoint
For ...
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Mitchell V
Mitchell may refer to: People and fictional characters *Mitchell (surname), including lists of both people and fictional characters *Mitchell (given name), lists of people and fictional characters Places Australia * Mitchell, Australian Capital Territory, a light-industrial estate * Mitchell, New South Wales, a suburb of Bathurst * Mitchell, Northern Territory, a suburb of Palmerston * Mitchell, Queensland, a town * Mitchell, South Australia, on lower Eyre Peninsula * Division of Mitchell, a federal electoral division in north-west Sydney, New South Wales * Electoral district of Mitchell (Queensland), a former electoral district * Electoral district of Mitchell (South Australia), a state electoral district * Electoral district of Mitchell (Western Australia) a state electoral district * Shire of Mitchell, a local government area in Victoria Canada * Mitchell, Ontario * Mitchell, Manitoba, an unincorporated community * Mitchell Island, British Columbia * Mi ...
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Missouri V
Missouri (''see pronunciation'') is a state in the Midwestern region of the United States. Ranking 21st in land area, it borders Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas, and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. At 1.5 billion years old, the St. Francois Mountains are among the oldest in the world. The Missouri River, after which the state is named, flows through the center and into the Mississippi River, which makes up the eastern border. With over six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Springfield, and Columbia. The capital is Jefferson City. Humans have inhabited present-day Missouri for at least 12,000 years. The Mississippian culture, which emerged in the ninth century, built cities with pyramidal and other ceremonial mounds before decli ...
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Justia
Justia is an American website specializing in legal information retrieval. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases. The company is headquartered in Mountain View, California. The website offers free case law, codes, opinion summaries, and other basic legal texts, with paid services for its attorney directory and webhosting. In 2007, ''The New York Times'' reported that Justia was spending around "$10,000 a month" in order "to copy documents" from the United States Supreme Court and publish them online, to be made available without the public paying fees. Law library research guides often refer to Justia. Duke Law School's law library's research guide notes how it is helpful for PACER. See also * Legal Information Institute by Cornell Law School Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York. One of the five I ...
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United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ...
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Reasonable Man
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the " officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the a ...
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Federal Law Enforcement Training Centers
The Federal Law Enforcement Training Centers (FLETC; pronounced ) is a law enforcement training school under the United States Department of Homeland Security, serving 105 federal law enforcement agencies within the United States federal government. Through the Rural Policing Institute (RPI) and the Office of State and Local Training, it also provides tuition-free and low-cost training to state, local, campus, and tribal law enforcement agencies. History Studies conducted in the late 1960s revealed an urgent need for training by professional instructors using modern training facilities and standardized course content. The Congress authorized funds for planning and constructing the Consolidated Federal Law Enforcement Training Center (CFLETC). In 1970, the CFLETC was established as a bureau of the United States Department of the Treasury (Treasury Order #217) and began training operations in temporary facilities in Washington, D.C. The permanent location of the center was origi ...
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