Chimel v. California
No. 770
Argued March 27, 1969
Decided June 23, 1969
395 U.S. 752
(text edited)
(a) An arresting officer may search the arrestee's person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and may search the area "within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Pp. 395 U. S. 762-763.
(b) For the routine search of rooms other than that in which an arrest occurs, or for searching desk drawers or other closed or concealed areas in that room itself, absent well recognized exceptions, a search warrant is required. P. 395 U. S. 763.
(c) While the reasonableness of a search incident to arrest depends upon "the facts and circumstances -- the total atmosphere of the case," those facts and circumstances must be viewed in the light of established Fourth Amendment principles, and the only reasoned distinction is one between (1) a search of the person arrested and the area within his reach, and (2) more extensive searches. (end of case text)
NOTE: This is the partial text of the original case. DO NOT FOLLOW THIS AS THE LETTER OF THE CURRENTLY APPLIED LAW. Since this case was decided there have been numerous court modifications made to its interpretation and application.
Lights Out - 1946 Judgment Reversed 2-18 was released on: USA: 9 January 1950
Yes. If the losing party asks for reconsideration, the judge can decide to vacate the judgment. Also, if the losing party appeals (provided your state allows for small claims appeals), and is successful, then the judgment would be reversed.
it is when something that someone says is the opposite of another
If you have a judgment from a collection agency and it is valid, you have to pay it to have it reversed. If it is not valid you can try to appeal it.
"Re-opened?" Was it appealed and reversed? If so, then the retrial finding of Not Guilty is the verdict that stands and you were NOT convicted.
amongus
To remand, in general, means to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court. In a criminal matter, a judge may remand into custody a person accused of a crime if, the judge finds that a there is reason to hold the accused for trial.
Yes. If the account holder can prove that the judgment levy is not valid.
In that case, the magnetic field will also be reversed.
Summary judgment is a final judgment that disposes of an entire case or specific issues within a case without a trial. It can be appealed, but if no appeal is filed, the decision becomes final.
Depending on what state, the party usually has approx. 30 days to appeal the Judgement. Contact the office of the clerk of the court where the judgment was filed to obtain information on its status
It means the appelate court has reversed the trial courts finding (reversed) - and ordered the case returned to the lower court (remanded) - and has released (relinquished) its (the Appeals Courts) interest in the case back to the trial court.