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Appearance Tickets In New York: Detention Of A Person In New York For Purposes Of Issuing That Person An Appearance Ticket Is An Arrest Situation Which Would Allow The Officer To Search That Person As If That Person Was Formally Arrested
In New York, if a person is formally arrested, they can be searched incident to that arrest. However, can the officer also search a person if the person could have been arrested but the officer decides to issue that... In New York, if a person is formally arrested, they can be searched incident to...
Appearance Tickets In New York: Whether The Court Must Dismiss, May Dismiss or Cannot Dismiss If The Required Accusatory Instrument Is Not Filed By The Return Date Of The Appearance Ticket Has Not Been Definitively Determined By The Courts
In prior blogs I have explained that where the police choose to issue an arrestee an appearance ticket instead of detaining that person until they can see a judge, the police must thereafter file a sufficient accusatory instrument with... In prior blogs I have explained that where the police...
Al Pacino, as the character, Tony Montana, delivers one of the most memorable lines in Scarface: “I always tell the truth. Even when I lie.” This concern is lodged at the centre of the recent Supreme Court of Canada case, R. v. D.A.I. [2012 SCC 5]. Specifically, the Court tackled the question of...
Extradition, Restorative Justice, and Aboriginal Status: The Case of Zachary Leonard and Criminal Code s. 718.2(e)
A unique argument is before the Ontario Court of Appeal (OCA) regarding the case of an Ontario Aboriginal facing extradition and criminal charges in Minnesota, United States. The case has advocates arguing the Canadian government’s unique obligation towards the Aboriginal community, under...
I had written about the practice, adopted by some police departments, of predictive policing. Here's the abstract of a new article about the practice. Andrew Guthrie Ferguson, UDC David A. Clarke School of Law, has published Predictive Policing and the...I had written about the practice, adopted by...