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Articles 91 - 95 of 95
Full-Text Articles in Law
Searches Without Warrants, Jerold H. Israel
Searches Without Warrants, Jerold H. Israel
Book Chapters
My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.
Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White
Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White
Michigan Law Review
As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …
Recent Decision Note, Thomas L. Shaffer
Recent Decision Note, Thomas L. Shaffer
Journal Articles
Petitioner was arrested without a warrant by a federal narcotics agent. Sole justification for the arrest, pursuant to the Narcotics Control Act of 1956, was information from a paid informer of the Narcotics Bureau who had proved reliable during six months of association with arresting officers. The informer's description of the petitioner, including dress, baggage, and manner of walking, and his prediction of the petitioner's time of arrival at the point of arrest, were detailed and accurate. The arresting officers searched petitioner immediately after the arrest and seized narcotics and implements used in narcotics addiction. At trial petitioner moved to …
Criminal Law And Procedure - Preliminary Examination
Criminal Law And Procedure - Preliminary Examination
Michigan Law Review
A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …
Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment
Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment
Michigan Law Review
A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to …