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What Supreme Court case is concerned with search incident to lawful arrest?
Wiki User
∙ 11y ago
U.S. v. Robinson
Wiki User
∙ 10y ago
Wiki User
∙ 11y agobecause, its just what they do!
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What are three powers that the legislative and the judicial branch have that can limit the executive branch?
In the Judicial Branch, the Supreme Court would determine if the laws made by Congress were constitutional or lawful.
To be impartial and lawful a pre inspection agreement must be?
Done by a third party. You need to make sure that this party has no stakes in the outcome of the agreement.
Where do specific powers of the president come from?
The only lawful powers delegated to the President are specified in the U.S. Constitution. Any authority beyond what is expressly written in the Constitution is exercised outside of federal law.
What does majority rule and minority rights mean?
The majority must always recognize the right of any minority to become by fair and lawful means, the majority.
What is the presidents military power?
The President has nearly unlimited power to deploy armed forces for any reason and at any time, however any protracted military action must be supported with supplemental funding by congress. Only Congress can declare war, so only military ordered by the President and supported with a declaration of war by Congress is lawful.
Which Supreme Court case is concerned with search incident to lawful arrest?
United States v. Robinson, 414 U.S. 218 (1973)
What does the abbreviation or word sila mean?
"Sila" is a Tagalog word that translates to "they" or "them" in English. It is commonly used to refer to a group of people or individuals other than the speaker.
Can a cop search your car if you got pulled over for speeding?
Unless the officer discovered probable cause during the traffic stop (or had probable cause prior to), then no, the search was illegal. The officer would have needed to obtain probable cause to search the vehicle, in reference to Carroll v. United States. The prior answer referenced "Search Incident to Lawful Arrest" and that was incorrect. During a traffic stop for speeding, generally, no one is being arrested, and "Search Incident to Lawful Arrest" only allows the the officer to search for evidence related to the arrest, which for speeding, there wouldn't be any such evidence.
To deprive someone of liberty by taking them into custody under lawful authority?
Arrest
What would be considered 'resisting arrest'?
Physical efforts to oppose a lawful arrest; the resistance is classified as assault and battery upon the person of the police officer attempting to make the arrest.
What was the case Belton vs New York?
Search of a vehicle in conjunction with a lawful arrest.
What is a defendants first appearance in court after a lawful arrest is known as?
That appearance is known as the arraignment.
What are the elements of an arrest?
An arrest refers to the lawful deprivation of the freedom of an individual by a peace officer. A police officer may arrest a person if he reasonably believes a crime has been committed without a warrant.
Did the supreme court prohibit officers from searching arrestees of the opposite sex?
Yes, the Supreme Court ruled in 2012 that police officers cannot conduct a full search of an arrestee of the opposite sex following a lawful arrest, unless exigent circumstances exist. This decision was made to protect individual privacy rights and dignity.
Does a arrest have to occur before you can resist police?
Fleeing an open warrant "flight to avoid prosecution" is similar to arrest resistance but "resisting arrest" occurs as you use force to avoid being placed under custody.Added: You NEVER have a lawful/legal "right" to "resist" police in the performance of their duty. You must submit, and if it subsequently turns out they had no lawful right to arrest you then you can bring court action against them for damages.
Is it legal to arrest on private road?
A police officer can make an arrest in any location that he has a lawful right to be. You should contact a local attorney with information on your specific problem.
Can a police officer arrest you on one charge and then then change it to another charge?
Yes. If the grounds for the arrest were lawful to begin with, the actual charge can be changed or amended at a later time.
