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A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt and, since there is no written procedure, may or may not be allowed to present evidence in rebuttal. Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting ...
In each case, the court ruled against suppressing the evidence. However, the Michigan Supreme Court reversed these rulings. Relying largely on federal precedent, especially Terry v. Ohio, the Supreme Court ruled that the "protective search" violated the Fourth Amendment, and thus the "poisonous fruit" of the illegal search must be discarded.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
In an effort to prevent such abuses, Congress passed a law in 1831 limiting the application of the summary contempt procedures to offenses committed in or near the court. A new section, which survives today as the Omnibus Clause, was added to punish contempts committed outside of the court, but only after indictment and trial by jury. [19] [20]
Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice , and these two kinds of crimes are often ...
Herschel Fink, general counsel for the Detroit Free Press, said the rule appears to violate case law from the U.S. Supreme Court and Michigan courts that says court records are open to the public.
Pursuant to common law tradition, the courts of Michigan have developed a large body of case law through the decisions of the Michigan Supreme Court and Michigan Court of Appeals. The decisions of the Supreme Court and Court of Appeals are published in the Michigan Reports and Michigan Appeals Reports, respectively. [6]
The ruling is the second recent court decision that has curbed Detroit's aggressive vehicle forfeiture program. Michigan Supreme Court Rules Against Detroit's Asset Forfeiture Racket Skip to main ...