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Articles 4921 - 4950 of 5035
Full-Text Articles in Law Enforcement and Corrections
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
Arrest--Mistaken Identity--Liability Of Officer Without Warrant Attempting To Apprehend Known Felon, W. E. N.
West Virginia Law Review
No abstract provided.
Forum Juridicum: Recent Penal Legislation, Jerome Hall
Forum Juridicum: Recent Penal Legislation, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Arrest - Stopping And Questioning As An Arrest - Reasonable Suspicion From Facts Disclosed By Questioning As Justification, Robert Meisenholder
Arrest - Stopping And Questioning As An Arrest - Reasonable Suspicion From Facts Disclosed By Questioning As Justification, Robert Meisenholder
Michigan Law Review
After arrest of the defendant on mere suspicion without probable cause, the arresting officers on searching the car in which he was driving found two guns. The defendant complained on appeal, after conviction for carrying concealed weapons in an automobile, of the denial of his motion before trial to suppress the evidence. Held, it was error to refuse to suppress the guns as evidence because, the arrest being unlawful, the subsequent search and seizure was unlawful. Had the officers stopped and questioned the defendant, and had such questioning disclosed facts to establish a reasonable suspicion that the defendant was …
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Michigan Law Review
Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant's examination, stated to the defendant that "it was better for him to tell the whole truth," and ''You are not telling the truth, give us the truth on this," "You might as well tell the truth; to me now," "I advise you to tell the truth in this case." In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth …
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Michigan Law Review
A recent decision in the Circuit Court of Appeals upholding the constitutionality of the powers of search granted to the Securities and Exchange Commission in the Securities Act of 1933 brings to the fore again the question of the extent to which the Federal Government may validly investigate and demand the production of the books and records of private businesses.
Probation And Parole, Edmund C. Dickinson, Clyde L. Colson
Probation And Parole, Edmund C. Dickinson, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Probation, George W. Mcclintic
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Michigan Law Review
A special committee of the United States Senate, appointed to investigate lobbying activities in connection with the so-called "holding company bill" sought to obtain from telegraph companies, under blanket subpoena duces tecum, all telegrams passing through their offices in Washington from February 1, 1935 to September 1, 1935. When the telegraph companies expressed reluctance to comply with the subpoenas, the Senate Committee sought aid from the Federal Communications Commission. The commission by formal resolution detailed a member of its staff to work with an examiner of the Senate Committee in the examination and copying of the telegrams. Among the messages …
Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis
Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis
Kentucky Law Journal
No abstract provided.
Nulla Poena Sine Lege, Jerome Hall
Book Review. Vollmer, A., The Police And Modern Society, Jerome Hall
Book Review. Vollmer, A., The Police And Modern Society, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow
Michigan Law Review
One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …
Constitutional Law-Martial Law-Suspension Of The Law
Constitutional Law-Martial Law-Suspension Of The Law
Michigan Law Review
Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …
Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall
Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Use Of Power In Making An Arrest, Andrew Clark
The Use Of Power In Making An Arrest, Andrew Clark
Kentucky Law Journal
No abstract provided.
Criminal Law And Procedure-Contempt Of Court-Sheriff Allowing Federal Prisoners To Escape From County Jail
Michigan Law Review
Information was filed against a sheriff for contempt in negligently permitting the escape of federal prisoners from his county jail. Held, the sheriff was guilty of contempt of the federal committing court. United States v. Fanning, (D. C. W. Va. 1934) 6 F. Supp. 412. Affirmed, Fanning v. United States, (C. C. A. 4th, 1934) 72 F. (2d) 929.
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Search And Seizure - Burden Of Proving Illegality Of Search For Purpose Of Suppressing Evidence
Michigan Law Review
Defendant was charged with unlawful possession of five mink skins during the closed season. His motion made before trial to suppress the evidence because of unlawful seizure was denied. He was convicted, and now appeals assigning the refusal to suppress the evidence as error. Held, judgment affirmed. The court said, "Upon a motion to suppress evidence because of an unlawful seizure, the burden of establishing that his rights have been transgressed is upon the party asserting such transgression." State v. Drew, 217 Wis. 216, 257 N. W. 681 (1934).
Book Review. M. H. Smith, Prisons And A Changing Civilisation, Jerome Hall
Book Review. M. H. Smith, Prisons And A Changing Civilisation, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
Michigan Law Review
Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Constitutional Law-Police Power-Compulsory Military In Land Grant College
Constitutional Law-Police Power-Compulsory Military In Land Grant College
Indiana Law Journal
No abstract provided.
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Kentucky Law Journal
No abstract provided.
Book Review. Harrison, L. V., Police Administration In Boston, Jerome Hall
Book Review. Harrison, L. V., Police Administration In Boston, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Public Officers-Sheriff's Removal From Office- Use Of Third Degree
Public Officers-Sheriff's Removal From Office- Use Of Third Degree
Michigan Law Review
In a quo warranto proceeding instituted under a Kansas statute providing that an officer of this state "who shall willfully misconduct himself in office, or who shall willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state . . . shall forfeit his office and shall be ousted from such office," it was held, that a sheriff who assaulted and used other third degree practices on a prisoner to force a confession from him had misconducted himself in office and should be removed. State ex rel. Boynton v. Jackson, (Kan. …
Physicians And Surgeons-When Physician Obliged To Disclose Information Gained Through Doctor-Patient Relation
Michigan Law Review
In April of this year a Minnesota physician, Dr. Clayton E. May, treated for gunshot wounds a certain undesirable person, John Dillinger, very much in demand by the police. He further neglected to inform the police concerning his ministrations, and as a result, was tried in a federal court on a charge of harboring a fugitive wanted under a federal warrant, found guilty, and sentenced to serve two years in a penitentiary and to pay a fine of $1,000. Said a prominent English medical journal in commenting on the case: " . . . colleagues in every country will applaud …
Searches And Seizures - Reasonableness Of Arrest - Use Of Evidence Secured Through Unreasonable Arrest- Statutory Changes
Michigan Law Review
Police officers patrolling Detroit streets in a radio-equipped police car stopped a taxicab in which defendants Stein and Massie were riding. From the statement of the court, the officers' attention was attracted to the cab "because it was 'driving pretty fast,' about 32 miles per hour." The police car pursued it for a block or more; as it drew abreast of the cab defendant Stein was seen to reach into his pocket as if to take something out and put it behind him. "There was something about the cab, probably aside from its speed, which suggested to officer Sullivan that …
Process-Judgment-Conclusiveness Of Sheriff's Return
Process-Judgment-Conclusiveness Of Sheriff's Return
Indiana Law Journal
No abstract provided.
Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause
Michigan Law Review
The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …
Municipal Corporations - Municipal Responsibility For The Torts Of Policemen
Municipal Corporations - Municipal Responsibility For The Torts Of Policemen
Michigan Law Review
E, standing near the scene of a holdup in the Bronx, was shot by a stray bullet from the gun of a policeman engaged in pursuing several highwaymen. The Municipal Assembly of New York City enacted in 1927 an ordinance providing that the Board of Estimate is authorized to make an award of damages to such innocent bystanders when injured by policemen. E received an award of $6,740 from the Board for injuries suffered. Upon the Comptroller's refusal to pay it without a judicial declaration of its legality, E sued out a writ of mandamus. It was held that …