| SEARCH & SEIZURE and WARRANTLESS ARRESTS |
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| An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave. Mere questioning by the police does not constitute an arrest.More... |
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| The Introduction of Polygraphs or other Lie Detector Tests at Trial and Other Uses of the Polygraph |
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| Generally, courts in most jurisdictions do not admit the results of polygraph or other lie detector examinations. Most courts find such results quite unreliable and untrustworthy. There are a number of states that will admit polygraph or lie detector tests results into evidence if both the prosecution and defendant agree that the test results will be admitted. More... |
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| WITNESS TAMPERING |
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| A person commits the offense of witness tampering if he or she offers, confers, or agrees to confer any benefit on a witness or a prospective witness in a judicial or an administrative proceeding.
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| Eyewitness Identification of the Defendant and Defendant's Fifth and Sixth Amendment Rights |
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| There are various methods in which an eyewitness may identify a defendant. Both in-court and out-of-court identifications may be permitted during a criminal trial. More... |
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| Mail Fraud |
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| Mail fraud involves the use of the mail system to defraud other individuals. To be found guilty of mail fraud the following elements must be proved: The defendant's intent to defraud another individual; the defendant's scheme to defraud another individual; the defendant actually mailed the materials in question.
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