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Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
While the specifics of stop-and-identify statutes and ordinances vary, a significant number of states and local jurisdictions have enacted such laws. [23] In New York, courts have limited the effects of Terry by creating a four-level continuum of intrusion, each of which requires its own level of suspicion. [ 24 ]
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v.
Dan Desdunes, the son of prominent Citizens Committee leader Rodolphe Desdunes, was initially selected, but his case was thrown out because he had been a passenger on an interstate train, where the court ruled that state law did not apply. Homer Plessy was selected next. He was arrested after boarding an intrastate train and refusing to move ...
New York v. Belton, 453 U.S. 454 (1981), was a United States Supreme Court case in which the Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.
Ohio had a shot at $400 million in passenger rail money back in 2011, but then-Governor John Kasich opted to send the money back to the federal government, saying the trains were too expensive and ...
The Ohio Supreme Court on Thursday morning granted a new trial for a taxicab driver convicted of shooting and wounding a passenger in Clermont County.. In a 4-3 decision, the court found that the ...
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