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Norris V. Cape Elizabeth School District (1st Cir.

Dispatch also advised the officer that Green was on supervision following convictions for burglary and drug possession and that Green was known to be armed. The officer requested Green for consent to go looking the automobile but Green declined, telling the officer that the automotive belonged to his girlfriend, Katherine Gooch.

, Art. 1, 7 to require the State to affirmatively demonstrate that the subject of a consent search knew that he had a right to withhold his consent and that his determination could be respected by the authorities. This is the plain implication of our choice in State v. King, supra, after we spoke in terms of consent freely and intelligently given. An intelligent choice presupposes an awareness of all of the obtainable alternatives.

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Treatises are scholarly publications that present in depth coverage of a broad area of legislation, similar to criminal procedure or household law. The term is broadly applicable to books written for training attorneys, textbooks, or books written for nonlawyers. They usually present citations to key instances and articles and might help you establish narrower subjects within those broad areas of regulation.

US v. Flores-Montano, 541 U.S. 149 -The looking of somebody’s car fuel tank by agents on the border does not require cheap suspicion. “[T]he interference with a motorist’s possessory curiosity in his gasoline tank is justified by the Government’s paramount interest in protecting the border.

NLR doesn’t reply legal questions nor will we refer you to an legal professional or different skilled should you request such data from us. Here are some key points in the opinion by Chief Justice John G. Roberts Jr. and a concurrence by Justice Samuel Alito. WASHINGTON — In a sweeping victory for privateness rights within the digital age, the Supreme Court on Wednesday unanimously ruled that the police want warrants to search the cellphones of people they arrest. A video of the interview and associated article from the InsideTrack publication could be discovered right here.

Be careful with the free case regulation databases that you just find on the Internet, most of them solely embrace cases decided in the final 6 to eight years. Cases decided greater than eight years ago may still be binding legislation. Cases stay legitimate till they are overruled or the statute or rules change. reported selections of appeals courts and other courts which make new interpretations of the law and, due to this fact, could be cited as precedents. Case regulation is legislation established by judicial selections instead of by legislative motion.

However, it might be binding in all decrease courts of the eleventh Circuit. Courts within the United States adhere to stare decisis, which typically means that courts respect and cling to the precedent of previous decisions. However, a court docket does not have to face by a call that’s not binding precedent. Generally courts will comply with the decisions of higher courts in their jurisdiction.

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