Exclusionary rule

One of the reasons for why the courts enforce secret trusts can be explained by the fraud theory. Fraud theory is based on the maxim that “equity will not permit a statute to be used as an instrument of fraud”. [8] Equity will not permit the secret trustee to keep the property fraudulently to themselves relying on failing to comply with Wills Act’s requirements such as the terms not in signed writing, but instead will ensure them to hold the property on trust. [8] In this context, “fraud” should…

A thermal scanner was used on the house of DLK without a warrant, in order to obtain evidence that DLK was illegally growing marijuana. DLK sued on the grounds that the scan was a search, and since there was no warrant, it violated his fourth amendment right.The government went too far by scanning DLK’s house because the scan indicated things about the house that would be unknown unless one entered the house, revealed things which DLK wished to keep private and took reasonable measures to…

take possession of evidentiary material to examine but require the lawyer to turn that evidence over to the proper authority, such as the police and may require additional steps, such as returning the document to its rightful owner.(comment 3.4(a)). Rule 4.4 does not explicitly address the legal duties of a lawyer when the lawyer receives documents that they know or reasonably should know have been inappropriately obtained by the sending person. Cheryl is the "sending person" in this case.…

On 05/29/2016, I Deputy R. Dean Hildebrand received a call from dispatch requesting I talk to William Hagman about a problem he was having with Anthony Romo. I spoke to Hagman and he explained he believed Romo had broken into his house at 303 West Basin Street, Basin Montana, about October 2014. Hagman continued to state he had problems with Romo stealing this from his home and out buildings. He believes Romo had entered his house through a back window and rummage through the house. Hagman…

On October 12th, 2015 Deputy Larkin was dispatched to 18715 MacArthur Drive for a commercial alarm. When Deputy Larkin arrived he was met by Beth Pruss, the manager of the business. Ms. Pruss opened the door for Deputy Larkin and they checked the business. Ms. Pruss saw the cash register had been opened as well as a display case, but nothing appeared to be missing. Ms. Pruss showed Deputy Larkin the video surveillance and he observed a white male enter the store. Investigator Spradlin was…

The exclusionary rule was initially made with the purpose of giving defendants an opportunity to a fair trial. Before 1914 that was not the case. The fourth amendment right is present to protect people from search and seizures that are not necessary. Keep in mind this is without a search warrant. Any evidence found during that time, cannot be use in the court of law. The exclusionary rule gives individuals the opportunity of innocence before guilt…

The court will likely find that Robin Kincaid is not precluded for recovery for her false imprisonment claim against Barclay’s Department Store. False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of their personal liberty. However, a plaintiff can be barred from recovery under the Georgia state law. A store is not liable for false imprisonment if the store: (1) had reasonable cause to detain a person; (2) detains that…

trade or if she did not use the rooms of this particular hotel for her illegal activities. She is completely to blame and the court made the correct decision in not overturning her appeal. Ms. Kelly had several opportunities to follow the hotel rules and she chose not to therefore, she should have and was arrested and convicted for trespassing. In conclusion, The Statler Hilton hotel had a duty to protect their guests from any foreseeable harm. The security force viewed the activities…

Charles Katz was convicted in the Southern California District Court that charged him with wagering gambling information. The Appellate Court rejected the defendants’ disagreement because they concluded that Katzs’ Fourth Amendment right was not infringed upon because FBI agents never actually entered the telephone booth. Facts: Mr. Katz was seen placing calls between three different telephone booths on a daily basis which lead the FBI to place microphones on the outer roof of two of the three…

California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash…