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Case history; Prior: Verdict for respondents affirmed by the Fourth Circuit, 186 F.3d 469 (4th Cir. 1999); cert. granted, 528 U.S. 1187 (2000).: Holding; A state hospital's attempt to gather evidence of a patient's criminal conduct for law enforcement purposes constitutes an unreasonable search unless the patient consents.
Missouri v. McNeely, 569 U.S. 141 (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances.
Voluntary intoxication, where a defendant has wilfully consumed drink or drugs before committing acts which constitute the prohibited conduct of an offence, has posed a considerable problem for the English criminal law. There is a correspondence between incidence of drinking and crimes of violence, such as assaults and stabbings.
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication.Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions.
[6] [7] Where the defendant is on trial for a crime of specific intent, his state of intoxication will be relevant to whether he formed the required intent. [4] If the defendant's intoxication is so significant as to prevent any sort of intent, this can lead to acquittal. A reduction in the strength of the formed intent is insufficient. [8]
Donald Richard Moran, Jr. (born August 2, 1945) is a former lawyer and judge in the Fourth Judicial Circuit in Florida for 41 years, including 21 years as chief judge, the longest tenure in Florida history. [1] He was an early advocate of diversion programs for people with substance abuse and directed hundreds of people into treatment rather ...
A Florida real estate mogul has been slapped with a felony homicide charge for a boat crash that killed a teen as newly released bodycam footage captured the moment he admitted that he had “two ...
In cases such as Lee v. United States, Lopez v. United States, and Hoffa v. United States, the courts have ruled that evidence found in searches based on consent obtained by an undercover officer or as an informer to be admissible. A party other than the defendant can, in some limited cases, grant consent.