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Forum: Arrests, Searches, Seizures Jan 26th, 2015, 10:52 AM
Replies: 3
Views: 319
Posted By BOR
Re: 4th amendment help.

Police do not pat down for paraphernalia, just weapons, regardless of her stating, if she did, for paraphernalia alone.




NO
Forum: Traffic & Speeding Tickets Jan 2nd, 2015, 12:21 PM
Replies: 9
Views: 433
Posted By BOR
Re: Pulled over for bogus reason, end up with DWLI! Help!

Per the Supreme Court "Subjective intentions play no role in ordinary, probable cause Fourth Amendment analysis".

As long as PC or reasonable suspicion to pull you over (seize) you exists, his...
Forum: Traffic & Speeding Tickets Dec 23rd, 2014, 10:42 AM
Replies: 6
Views: 320
Posted By BOR
Re: 4 traffic tickets and unlawful police behavior

I agree! "May not" is the operative phrase here. Opening the door without any other purpose then to hand a DL back, absent any legal surprises, is most probably an UNreasonable search. You can't...
Forum: Other Criminal Law Matters Dec 12th, 2014, 12:05 PM
Replies: 7
Views: 431
Posted By BOR
Re: wrong dates on summons

[QUOTE=Friend In Court;367017]
Regardless, the summons is defective being antedated a full year. If clerk issued, I agree that he should contact the court. And if the date is upcoming, even if the...
Forum: Other Criminal Law Matters Dec 10th, 2014, 01:13 PM
Replies: 7
Views: 431
Posted By BOR
Re: wrong dates on summons

I would not let it ride. Failure to respond can be a bad error. If you claim an "Insufficiency of process" you need to plead such. This is different from Insufficiency of Process of service. If you...
Forum: Other Criminal Law Matters Dec 9th, 2014, 10:54 AM
Replies: 6
Views: 360
Posted By BOR
Re: Disregard during the appeal

Here, it would not be considered a Fair Trial violation. Post conviction relief in any form does not affect the fair trial aspect. Due Process is the better term here in the states. If a state...
Forum: Arrests, Searches, Seizures Nov 22nd, 2014, 10:40 AM
Replies: 14
Views: 1,628
Posted By BOR
Re: Were my rights violated by the University of Notre Dame Security Police?

I agree with FIC, private police are not usually state actors. I did not search through IN law, but the bet is they are not under IN law.

Even if they were state campus police, you said you went...
Forum: Arrests, Searches, Seizures Nov 22nd, 2014, 10:27 AM
Replies: 4
Views: 341
Posted By BOR
Re: Is it possible to call a lawyer during the search

In executing a SW police have the right to detain ANYONE on the premises, see Michigan v. Summers.

This authority also permits them to "restrict movements" of anyone. so if they say no phone...
Forum: Civil Litigation Nov 18th, 2014, 01:53 PM
Replies: 6
Views: 351
Posted By BOR
Re: Who do I sue?

You can not sue a Prosecutor, absent rare facts, any civil suit must be directed at the girl. You can do a little research on Prosecutorial Immunity.
Forum: Other Criminal Law Matters Nov 18th, 2014, 10:34 AM
Replies: 3
Views: 224
Posted By BOR
Re: Can you get a restraining order even though you haven't been threatened?

Facially, probably not, try this, if she calls, texts, e-mails you etc. again, after you told her to stop, you probably have grounds to have the police take action;

In part;

7) sends repeated...
Forum: Civil Litigation Nov 14th, 2014, 12:42 PM
Replies: 4
Views: 391
Posted By BOR
Re: Civil Suit -- (the papers don't have my last name spelled correctly)

Misspelling of a name is a MISNOMER, a HARMLESS error, as it does not affect substantial rights. Ignore it if you want. I wouldn't.

Indiana Rules of Civil Procedure;

Rule 61. Harmless...
Forum: K-1 Fiance and K-3 Spouse Visas Oct 29th, 2014, 01:07 PM
Replies: 8
Views: 618
Posted By BOR
Re: new zealanerd in same sex relationship looking for visa

Tend to agree with FIC, one way to find out is apply and see if you are denied. Of course consulting an Immigration Attorney is the ideal way to proceed.

This area of law is very complicated...
Forum: Trials & Sentencing Oct 28th, 2014, 01:32 PM
Replies: 24
Views: 1,427
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Thanks, even I, of course can be wrong, this is a message board, not a court of law, but for your post, if anyone has any case law abrogating the case I cited, cite it.

I have been rightfully...
Forum: Salary & Workers Compensation Oct 28th, 2014, 10:18 AM
Replies: 3
Views: 567
Posted By BOR
Re: Illinois - Union not doing its job

A Union must represent a member to the best of it's ability. I had a similar experience, the case of Vaca v. Sipes should control, but be forewarned, federal labor law is complicated. You would have...
Forum: Trials & Sentencing Oct 28th, 2014, 09:10 AM
Replies: 24
Views: 1,427
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Some person sent me two BAD ratings on my posts 9 and 10, that is very odd seeing as I was correct.

Incredible.
Forum: Trials & Sentencing Oct 27th, 2014, 10:25 AM
Replies: 24
Views: 1,427
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Just remembered it.


Scott v. Illinois - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Scott_v._Illinois)

Edit;

Here is the case itself. Even if a jail penalty is...
Forum: Trials & Sentencing Oct 27th, 2014, 10:22 AM
Replies: 24
Views: 1,427
Posted By BOR
Re: No Public Defender allowed but jail time possible?

They can't, the USSC has ruled IF a PD is not appointed, absent of course of showing the defendant is indigent, NO jail time can be given. I can't remember the case in my head but will look.
Forum: Other Criminal Law Matters Aug 16th, 2014, 09:33 AM
Replies: 4
Views: 352
Posted By BOR
Re: Jail time... misdemeanor charge but not arrested?

If it was not committed in their presence, then generally they would have to secure a warrant for arrest, but likely issue you a Summons/Citation instead.

By your post it seems that it was not...
Forum: Other Family Law Matters Aug 12th, 2014, 10:41 AM
Replies: 14
Views: 646
Posted By BOR
Re: prior abuse and statute of limitations

Out of curiosity I looked that up, it has absolutely NO bearing on the issue at hand assuming the tort was commenced in FLA.


Any 1st year law student would know that. Do not purport to be an...
Forum: Other Family Law Matters Aug 12th, 2014, 10:17 AM
Replies: 14
Views: 646
Posted By BOR
Re: prior abuse and statute of limitations

There is no such thing as being licensed to practice in ALL federal courts.

Also, not talking about CO, but there are tolling issues that arise from the "date of discovery" such as Mesothelioma...
Forum: Other Criminal Law Matters Jun 27th, 2014, 11:18 AM
Replies: 4
Views: 385
Posted By BOR
Re: Open Beverage Affecting Employment?

Municipalities can NOT enact Felonies, period.

Infraction indicates the lowest level offense, and likely not even classified as a misdemeanor.

Generally, and Infraction is money fine only...
Forum: Traffic & Speeding Tickets Jun 13th, 2014, 12:08 PM
Replies: 5
Views: 438
Posted By BOR
Re: Video / audio taping MY OWN traffic stop

Greg, I just remembered the Darrow case out of Missouri, you might find this cool!

http://www.aclu-mo.org/download_file/view_inline/984/413/
Forum: Traffic & Speeding Tickets Jun 13th, 2014, 11:52 AM
Replies: 5
Views: 438
Posted By BOR
Re: Video / audio taping MY OWN traffic stop

He said it would be mounted or a cell phone, so I do not see how that would be obstruction for not obeying a command to stop.
Forum: Other Criminal Law Matters Jun 13th, 2014, 11:48 AM
Replies: 5
Views: 392
Posted By BOR
Re: How to legally stop harassment

This case has absolutely NO bearing on the question posted.
Forum: Arrests, Searches, Seizures Jun 2nd, 2014, 11:06 AM
Replies: 8
Views: 889
Posted By BOR
Re: Theft or Seizure

Permitted, as they had a legal right to be there from the pursuit, and running a VIN is NOT a search under the 4th AM.



Trying?? Did they?



I don't know why a car hauler...
Showing results 1 to 25 of 462

 
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