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Searches Incident To A Lawful Arrest
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the ''Chimel'' rule (from '' Chimel v. California''), is an American legal principle that allows police to perform a warrantless search of an arrested person and the area within the arrestee’s immediate control in the interest of officer safety, the prevention of escape or the preservation of evidence. Such searches are exceptions to the usual practice of obtaining a search warrant pursuant to the Fourth Amendment. Supreme Court decisions 1940s *In ''Harris v. United States'' (1947), the Supreme Court of the United States held that a law enforcement officer was permitted to perform a warrantless search during or immediately after a lawful arrest of the arrestee and his or her premises, regardless of the purpose of the arrest. 1950s *In '' United States v. Rabinowitz'' (1950), the Court narrowed its ruling to searches of the area within the arrestee's "immediate control." 1960s *In '' Chi ...
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Chimel V
Chimel may refer to: * Chimel v. California, the United States Supreme Court case * Laj Chimel Laj Chimel or Chimel is a community located in the cloud forest of the municipality of San Miguel Uspantán, Department of El Quiché, Guatemala. It is the birthplace of the 1992 Nobel Peace Prize The Nobel Peace Prize (Swedish language, Swedi ..., a small town in Guatemala People with the surname * Tony Chimel, American wrestling announcer {{disambiguation, surname ...
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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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Georgetown Law Journal
''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered at Georgetown University Law Center in Washington, D.C., and has published more than 500 issues since its inception, as well as the widely used ''Annual Review of Criminal Procedure'' (ARCP), a comprehensive practitioner's guide to criminal procedure. The ''Journal'' is currently, and always has been, run by law students. History Volume 1, Issue 1 was published in November 1912, under the supervision of Editor-in-Chief Eugene Quay. At the time, an annual subscription to the new Journal cost one dollar. The first article was titled “The 125th Anniversary of the Drafting of the Constitution of the United States.” In a three-paragraph statement of purpose, the editors of the new Journal proclaimed: Membership Today, the ''Journal ...
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Information Privacy Law
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using their data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws. The European Union has the General Data Protection Regulation (GDPR), in force since May 25, 2018. The United States is notable for not having adopted a comprehensive information privacy law, but rather having adopted limited sectoral laws in some areas like the California Consumer Privacy Act (CCPA). By Jurisdiction The German state of Hessia enacted the world's first data pr ...
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Implied Consent
Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment. Driving while intoxicated All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration. Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension. In 2016, the Supreme C ...
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Breathalyzer
A breathalyzer or breathalyser (a portmanteau of ''breath'' and ''analyzer/analyser''), also called an alcohol meter, is a device for measuring breath alcohol (drug), alcohol content (BrAC). It is commonly utilized by law enforcement officers whenever they initiate traffic stops. The name is a genericized trademark of the Breathalyzer brand name of instruments developed by inventor Robert Frank Borkenstein in the 1950s. Origins Research into the possibilities of using breath to test for alcohol in a person's body dates as far back as 1874, when Francis E. Anstie made the observation that small amounts of alcohol were excreted in breath. In 1927, Emil Bogen produced a paper on breath analysis. He collected air in a football bladder and then tested this air for traces of alcohol, discovering that the alcohol content of 2 litres of expired air was a little greater than that of 1 cc of urine. Also in 1927, a Chicago chemist, William Duncan McNally, invented a breathalyz ...
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Driving Under The Influence
Driving under the influence (DUI) is the crime of driving, operating, or being in control of a vehicle while one is impaired from doing so safely by the effect of either alcohol (drug), alcohol (see drunk driving) or some other drug, whether recreational drug, recreational or prescription drug, prescription (see drug-impaired driving). Multiple other terms are used for the offense in various jurisdictions. Terminology The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In various jurisdictions the offense is termed "driving under the influence" [of alcohol or other drugs] (DUI), "driving under the influence of intoxicants" (DUII), "driving while impaired" (DWI), "impaired driving", "driving while intoxicated" (DWI), "operating while intoxicated" (OWI), "operating under the influence" (OUI), "operating [a] vehicle under the influence" (OVI), "drunk in charge", or "over the prescribed limit" (OPL) (in the UK). Alcohol-related ...
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Birchfield V
Birchfield may refer to: Places * Birchfield, Birmingham Birchfield is located in and between Perry Barr, Aston, Handsworth Wood. Birchfield shares the B6 and B20 postcode with surrounding areas Handsworth Wood, Aston and Perry Barr. The main roads within the area include Birchfield road, This leads ..., England, United Kingdom, a suburb of Birmingham * Birchfield, New Jersey, United States an unincorporated community * Birchfield Halt railway station, a former railway station in Rothes, Scotland, United Kingdom * St Kieran's College, formerly known as Birchfield College, Roman Catholic secondary school in Kilkenny, Ireland Other uses * Birchfield (surname) * Birchfield (car), a former Australian car manufacturer * '' Birchfield v. North Dakota'', a United States Supreme Court case about testing of drivers suspected to be under the influence {{geodis ...
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Exigent Circumstance In United States Law
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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Cell Phone
A mobile phone or cell phone is a portable telephone that allows users to make and receive calls over a radio frequency link while moving within a designated telephone service area, unlike fixed-location phones ( landline phones). This radio frequency link connects to the switching systems of a mobile phone operator, providing access to the public switched telephone network (PSTN). Modern mobile telephony relies on a cellular network architecture, which is why mobile phones are often referred to as 'cell phones' in North America. Beyond traditional voice communication, digital mobile phones have evolved to support a wide range of additional services. These include text messaging, multimedia messaging, email, and internet access (via LTE, 5G NR or Wi-Fi), as well as short-range wireless technologies like Bluetooth, infrared, and ultra-wideband (UWB). Mobile phones also support a variety of multimedia capabilities, such as digital photography, video recording, and g ...
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Riley V
Riley may refer to: Businesses * Riley (brand), British sporting goods brand founded in 1878 * Riley Motor, British motorcar and bicycle manufacturera 1890–1969 * Riley Technologies, American auto racing constructor and team, founded by Bob Riley in 2001 * Riley & Scott, former American racing constructor and racing team founded by Bob Riley and Mark Scott in 1990 * Riley & Son, a British railway locomotive engineering and refurbishment company People and fictional characters * Riley (given name), including a list of people and fictional characters with the given name * Riley (surname), including a list of people and fictional characters with the surname Places United States * Riley, Illinois ** Riley Township, Illinois * Riley, Indiana ** Riley Township, Vigo County, Indiana * Riley, Hancock County, Indiana * Riley Township, Ringgold County, Iowa * Riley County, Kansas ** Riley, Kansas * Riley Township, Clinton County, Michigan * Riley Township, St. Clair County, Michig ...
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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 ...
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