| Search and Seizure - An Overview |
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| The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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| Criminal Forfeitures |
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| Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More... |
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| Depositions |
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| Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition. More... |
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| Violations of the Federal Food, Drug, and Cosmetic Act |
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| The Federal Food, Drug, and Cosmetic Act prohibits misbranding and adulterating food and drugs that circulate within interstate commerce. The Act was first enacted in 1906. Numerous parties may be charged with violating the Act.
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| FINES & COSTS |
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| When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.
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