However, he allegedly became combative and began to struggle. At that point, he was placed under arrest. The defendant was transported to Nacogdoches County Jail for processing. During a search, deputies allegedly discovered over 3 grams of methamphetamine and more than…
Synopsis On January 18, 1997 officers from Metropolitan Toronto Police Force organized a command post that included a lookout station in an area where there was known to be illegal drug activity. The Police Force set up their post approximately 70 feet away from a Subway sandwich shop in an abandoned building that was across the street. By the use of a telescope Constable Theriault, saw the appellant who was a black male that was inside the shop. Constable Theriault had a clear view inside of the shop of the black male making transactions with persons that entered the shop and left receiving a substance from the appellant.…
On Tuesday, December 22, 2015 at approximately 0148 hours I, Officer Zachary Swedberg #111, received a call from Kwik Trip, 110 North Sunset Boulevard, stating Andrew Craig Forrester DOB:11-28-1988 was in the store and he wasn’t suppose to be. Earlier in the day Sergeant Stemper #102 explained to Andrew that he wasn’t allowed at Kwik Trip and he would be arrested for trespassing if he returned, see ICR:152604 for full account. When I arrived I observed Andrew sitting in the dinning section of the store in the Southwest corner. Sergant Stemper confronted Andrew about being in the store, but Andrew claimed he miss heard him and thought he was allowed in Kwik Trip until his court appearance. At this time I placed Andrew under arrest for trespassing.…
The police thought it was an easy arrest. He is being held for arraignment.…
Facts and Procedural History: Once the individual, Graham, realized the commencement of a low insulin is being reacted, he had the inclination to purchase an orange juice to thwart the low insulin reaction. Upon arriving the convenience store where he spotted a line of customers waiting for their turn at the checkout line. Graham rushed out of the store without paying for the content. An officer spotted the swift activity and decided to do an investigative stop and called for backup.…
Style of Cause and Citation: R. v. Paterson,(2017) SCC 15 Court: “Supreme Court of Canada (SCC) and Court of Appeal of British Columbia (British Columbia’s Court of Appeal) Facts of the case: Following an agreement with the appellant to affect a “no case” seizure if he surrenders three marihuana roaches. The police make a warrantless search and entry by police into the home of the appellant. Once inside, the police found a bulletproof vest, a firearm and drugs (R. v. Paterson, (2017)). They arrested the appellant and then obtained a tele-warrant to search his apartment, which led to the discovery of other firearms and drugs.…
Even if appellant had been subject to an illegal arrest, he would not be entitled to the suppression of the evidence because the police station arrest had not been the fruit of the bicycle detention. The court held that when the connection between illegal police conduct and the discovery and seizure of evidence is so attenuated as to dissipate the taint, the evidence will not be excluded. Segura v. United States, 468 U.S. 796, 805 (1984). In 1984, the Court first recognized the inevitable discovery doctrine as an exception to the exclusionary rule in Nix v. Williams and held that if the prosecution can establish that evidence unlawfully seized would have been discovered by lawful means, the exclusionary rule does not apply and the evidence is still admissible.…
Q1 - Like other combat veterans and fellow Americans, the desecration of the American flag, a symbol of our Nation, thoroughly offends and disgusts me. The question of respect, in my eyes, has nothing to do with the analysis of possibly amending the First Amendment in order to make desecrating the flag illegal. Rather, respecting the Constitution and the freedoms it protects would be more important than the flag. Furthermore, I agree with General Colin Powell’s letter to Senator Patrick Leahy in 1999 regarding the flag, “They may be destroying a piece of cloth, but they do no damage to our system of freedom which tolerates such desecration……
This essay serves to highlight the legal issues surrounding the incident of the search of the home of Adam Bangbroek. I will outline the specific criminal procedures that were transgressed, the constitutional rights that were violated and the criminality of the actions of the police during this incident. I will further use this incident to elucidate the “need for balance between crime control and due process”. The main problematic facts in this incident are as follows.…
In this case, the officer wanted to not been seen as a joke in front of the witnesses so he stood his ground on what he thought was grounds for arrest.…
It is important for me to first explain the meaning of paintless dent repair because some of us do not understand what this is all about. It refers to the process repairing any kind of damage that is on the panel of an automotive body without necessarily grinding, using body-fillers, sanding or painting (hence the use of the term paintless). There are several technicians today who have experience and training on removal and repair of dents and dings from cars or vehicles. Because of advancement in technology, there are better tools and machines used in the repair of dents and the training that paintless dent repair technician have today has assisted greatly in ensuring that automotive companies shine in repair and removal of dent.…
Introduction As a student at NAIT, I thought for the most part that I would be dealing with Adults and reasonable ones at that, but now, I don’t know anymore. One day, I found myself in an unfortunate situation that I was not prepared for. This occurrence happened as I was waiting on my lunch order preparation. I witnessed a fellow student stuff her bag with all sorts of dipping sauces.…
In past 30 years Canadian courts are struggling with the Charter’s emphasis under section 11(b) that “any person charged with an offence has the right to be tried within a reasonable time”. There has been still not any clarity what is “reasonable time” despite courts has described some factors to determine it. The most important case with reference to reasonableness was R v Askov (1990), where the Supreme Court held (9-0) that accused rights have been violated under section 11 (b) of the Charter. It took 34 months in bringing charges to the trial court; as a result of this charges against the accused were stayed. Courts made it very clear that due to lack of resources, they would not tolerate delays.…
The following outlines the material facts, key legal issues and common law rules in Plenty v Dillon. Material Facts in Plenty v Dillon. Police officers Michael Kenneth Dillon and Robyn Ann Will entered the property of Sydney Graham Plenty on the 5th of December 1978 to serve a summons on his daughter in accordance with the Juvenile Courts Act 1971 (S.A.). The property was a small farm located near Port Pirie in South Australia.…
False Imprisonment can be defined as an action of any person that causes unlawful confinement of some other person. To constitute the tort of false imprisonment, certain factors such as apparent cause for imprisonment, information of the plaintiff for the tort, intention of the defendant during the time of causing imprisonment and time of confinement matters. False Imprisonment can be defined as an action of any person that causes unlawful confinement of some other person. To constitute the tort of false imprisonment, certain factors such as apparent cause for imprisonment, information of the plaintiff for the tort, intention of the defendant during the time of causing imprisonment and time of confinement matters.…