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Many countries allow police to demand identification and arrest people who do not carry any (or refuse to produce such). Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Foreign visitors need to have their passport available to ...
Edward C. Lawson (born 1946 or 1947) [1] [2] was an African American civil rights activist, who was the respondent in the case of Kolender v. Lawson, 461 U.S. 352 (1983), in which the United States Supreme Court ruled that a California statute authorizing a police officer to arrest a person for refusing to present identification was unconstitutionally vague.
Kolender, 658 F.2d 1362 (1981), had additionally held that Penal Code §647(e) violated the Fourth Amendment’s prohibition of unreasonable searches and seizures because it "subverts the probable cause requirement" by authorizing arrest for conduct that is no more than suspicious. "Vagrancy statutes cannot turn otherwise innocent conduct into ...
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
The police department in Oakley, a city about 40 miles south of Sacramento, which The N&O found was sharing license plate data with at least seven out-of-state agencies — including in Texas and ...
The first step in criminal procedure is for the defendant to be arrested by the police. In California, the police may arrest a person: for a misdemeanor crime if the police have probable cause and personally witnessed the crime occur in front of them or the police have a signed arrest warrant from a judge [7]
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
The officers in Alameda, California, pinned Mario Gonzalez, 26, to the ground for about five minutes before he became unresponsive during an arrest on April 19, 2021, according to body camera ...