This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking: ******************** A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) … Continue reading i. The Arrest – lawful or unlawful?
This page is continued from Getting Started >>>> Representing Yourself “Pro Se” and Assisting Others as a Non-Lawyer >>>> Lawyer? Attorney? Counselor? What’s the Difference?: ********************** attorney: (14c) 1. Strictly, one who is designated to transact business for another; a legal agent. — aka attorney-in-fact; private attorney. [1] 1. An attorney at law or an attorney … Continue reading Attorney – an attorney at law or attorney in fact; unless otherwise indicated, generally means attorney at law
detention hearing – (1959) 1. Criminal law. A hearing to determine whether an accused should be released pending trial. * Such a hearing is usually held soon after the defendant’s arrest. See pretrial detention under DETENTION (1). Fatico hearing – (1979) Criminal procedure. A sentencing hearing at which the prosecution and the defense may … Continue reading Types of Hearings pertaining Solely to Criminal Cases:
This page is continued from Criminal Proceedings >>>> Arrest: ******************** Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing … Continue reading The Fourth Amendment
This page is continued from Criminal Proceedings >>>> Arrest >>>> Search and Seizure – reasonable or unreasonable?: ******************* search warrant: (18c) 1. Criminal law. A judge’s written order authorizing a law-enforcement officer to conduct a search of a specified place and to seize evidence. See Fed. R. Crim. P. 41. — aka search-and-seizure warrant. … Continue reading Search Warrant, various types of:
This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking >>>> Search and Seizure – reasonable or unreasonable? >>>> Search: ******************* warrantless search: (1950) 1. A search conducted without obtaining a warrant. * Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest. See exigent … Continue reading Various Types of Lawful Warrantless Searches:
This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking: ******************** search and seizure: 1. Means for the detection and punishment of crime; the search for and taking custody of property unlawfully obtained or unlawfully held, such as stolen goods, property forfeited for violation of the law, and … Continue reading ii. Search and Seizure – reasonable or unreasonable?
This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking >>>> i. The Arrest – lawful or unlawful?: ******************** lawful arrest: (18c) 1. The taking of a person into legal custody either under a valid warrant or on probable cause that the person has committed a crime. — … Continue reading Types of Lawful Arrests:
This page is continued from Criminal Proceedings: ******************** Criminal prosecution typically begins with an arrest by a police officer. [1] knock-and-announce rule – officers must knock and announce their identity, authority, and purpose before entering a residence to execute an arrest warrant or search warrant. — aka knock-and-notice rule. no-knock search warrant … Continue reading 1. The Arrest, Search and Seizure, and Booking:
This page is continued from Court Proceedings >>>> Terms used in Civil and Criminal Proceedings: *********************** evidence: n. (14c) 1. Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact; anything presented to the senses and offered to prove the existence or nonexistence of a … Continue reading Evidence – testimony, documents, and tangible objects which prove or disprove the existence of an alleged fact
Last updated: April 16, 2023
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