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Good-faith Exception
In United States constitutional law and criminal procedure, the good-faith exception (also good-faith doctrine) is one of the limitations on the exclusionary rule of the Fourth Amendment. For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure, such as one executed under an invalid search warrant. However, the good-faith exemption allows evidence collected by law enforcement officers pursuant to a defective search warrant if the officers reasonably relied on the validity of the warrant in good faith (''bona fides''). Background In the 1914 case '' Weeks v. United States'', the U.S. Supreme Court prohibited the admissibility of evidence obtained through unreasonable searches or seizures in federal criminal prosecutions, thereby establishing the exclusionary rule. In 1961, the Court, then led by Chief Justice Earl Warren, ruled in '' Mapp v. Ohio'' that the exclusionary rule also applies to state criminal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'' (1803) and ''Fletcher v. Peck'' (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constitution. In this role, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arizona V
Arizona is a state in the Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the northwest and California to the west, and shares an international border with the Mexican states of Sonora and Baja California to the south and southwest. Its capital and largest city is Phoenix, which is the most populous state capital and fifth most populous city in the United States. Arizona is divided into 15 counties. Arizona is the 6th-largest state by area and the 14th-most-populous of the 50 states. It is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of Alta California and Nuevo México in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fruit Of The Poisonous Tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. United States The doctrine underlying the name was first described in '' Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in '' Nardone v. United States'' (1939). Such evidence is not generally admissible in court. For example, suppose a police officer obtained a key to a train station locker in the process of conducting a search of a home that was unconstitutional on the grounds that it violated the Fourth Amendment. Any evidence of a crime that came from that locker would most likely be excluded under the "fruit of the poisonous tree" legal doctrine. The testimony of a witness who is discovered through illegal means would not necessari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sugar Bowl (legal Maxim)
In United States constitutional law and criminal procedure, the sugar bowl refers to a legal maxim relating to one of the restrictions on searches and seizures imposed by the Fourth Amendment to the United States Constitution. It specifically refers to the areas that may be searched in pursuit of the items stipulated in the warrant in relation to evidence of any other criminal acts which may be recovered. The maxim (often quoted as "if you are looking for stolen televisions, you cannot look in sugar bowls") describes the relationship between what is described in a search warrant and the persons or things that may be validly searched as a consequence. Under the law, only areas that could realistically contain the objects searched for can be searched, and therefore only evidence of other crimes found in those areas (or in plain sight) can be admitted. Overview In the eponymous example, if the search warrant states that a stolen television is the object of the search, a law-enforc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. Usage in the United States Historical us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
331 Conn
__NOTOC__ Year 331 ( CCCXXXI) was a common year starting on Friday of the Julian calendar. At the time, it was known as the Year of the Consulship of Bassus and Ablabius (or, less frequently, year 1084 ''Ab urbe condita''). The denomination 331 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Constantine the Great vigorously promotes Christianity, confiscating the property and valuables of a number of pagan temples throughout the Roman Empire. * Constantine I dedicates the Church of the Holy Apostles in Constantinople. * Constantine I promulgates a law against divorce. Asia * Gogugwon becomes ruler of the Korean kingdom of Goguryeo. By topic Art and Science * Eusebius of Caesarea writes the '' Onomasticon''. Religion * Fifty Bibles of Constantine commissioned for use in Constantinople. * Gregory the Illuminator with ... [...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. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culpability
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word ''culpability'' "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wayne LaFave
Wayne R. LaFave (born 1931) is an American legal scholar who specializes in the Fourth Amendment to the U.S. Constitution and serves as the David C. Baum Professor of Law Emeritus at the University of Illinois College of Law. Life and career LaFave was born in 1931. He attended the University of Wisconsin as an undergraduate, then studied at the University of Wisconsin Law School, where he earned Bachelor of Laws and Doctor of Juridical Science degrees. He has been a faculty member at the University of Illinois College of Law since 1961. He was the first associate dean and the first named professor at the College. He has also taught at the University of Michigan Law School and Villanova University. He is a recognized expert on the Fourth Amendment law and has published a multi-volume treatise on the subject called ''Search and Seizure''. He has co-authored a seven volume treatise on ''Criminal Procedure''. He is also the author of the ''Modern Criminal Law'' casebook and the ''Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of ''amicus curiae'' brief (law), briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions established by its board of directors. The ACLU's current positions include opposing the Capital punishment in the United States, death penalty; supporting Same-sex marriage in the United States, same-sex marriage and the LGBT adoption in the United States, right of LGBTQ+ people to adopt; supporting reproductive rights such as Birth c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
104th United States Congress
The 104th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 1995, to January 3, 1997, during the third and fourth years of Bill Clinton's presidency. Apportionment of seats in the House of Representatives was based on the 1990 United States census. Both chambers had Republican majorities for the first time since the 83rd Congress in 1953. Major events included passage of elements of the Contract with America and a budget impasse between Congress and the Clinton administration that resulted in the federal government shutdown of 1995 and 1996. Major events * January 3, 1995: Republicans gained control of both houses for the first time since 1955. * January 31, 1995: President Clinton invoked emergency powers to extend a $20 billion loan to help Mexico avert financial collapse. * April 19, 1995 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill McCollum
Ira William McCollum Jr. (born July 12, 1944) is an American lawyer and Republican Party politician. He was a member of the United States House of Representatives from 1981 to 2001, representing Florida's 5th congressional district, which was later redistricted to the 8th congressional district in 1993. As a member of the House, McCollum rose to become Vice Chairman of the House Republican Conference, the fifth-highest ranking position in the House Republican leadership. He voted to impeach President Bill Clinton and subsequently took a leadership role in managing Clinton's trial in the Senate, which ended in acquittal. McCollum was the Republican nominee for the United States Senate in 2000, hoping to replace the retiring Republican Connie Mack III, losing to Democratic nominee Bill Nelson. McCollum ran for the Republican nomination for the U.S. Senate again in 2004 but lost to Mel Martínez. In 2006 he was elected Florida Attorney General and in 2010 he was an unsucc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
