What is precedent and what isn’t?
Precedence or controlling law means that a directly higher court’s rulings are binding on its lower courts. Each state is […]
Precedence or controlling law means that a directly higher court’s rulings are binding on its lower courts. Each state is […]
Yes. The agency for which the handler works can be held liable for the actions of the K9 team under […]
Yes. LE has the right to order all occupants from the vehicle, and while the driver is required to present […]
Yes, but only if the common areas are truly open to any member of the public. If the common areas […]
It can. The Heck doctrine stands for the concept that if the defendant admitted to or was found guilty of […]
Yes, with the possible exception of a marijuana case. There have been new cases that hold, in the context of […]
In most cases, everyone in the car. For example, where a large amount of money is found rolled up in […]
Yes. At a traffic stop, LE has the right to remove all occupants of a vehicle, whether driver or passenger. […]
Yes. It is well settled law that containers in a vehicle can be searched as long as the probable cause […]
While this question has not been addressed on point, the answer is most probably yes. This is a two-step analysis; […]