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U.S. v. Robinson

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∙ 10y ago
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∙ 11y ago

because, its just what they do!

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Q: What Supreme Court case is concerned with search incident to lawful arrest?
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Which Supreme Court case is concerned with search incident to lawful arrest?

United States v. Robinson, 414 U.S. 218 (1973)


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 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.


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.


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.


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.


What is arrest power of police includes?

Arrest powers are by the individual states, and generally include the power to arrest and deliver based on lawful information or probable cause.