Criminal Law
| SEARCH WARRANTS |
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| A search warrant is a written document that is signed by a magistrate or a judicial officer. The search warrant allows the police to conduct a search and describes the property that may be seized. More... |
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| Comments During Closing Arguments and Curative Instructions |
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| If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived.
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| Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications |
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| An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information: More... |
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| Motion for an Acquittal |
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| After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict. More... |
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| SEARCH & SEIZURE - SCHOOL SEARCHES |
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| The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property. More... |
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