| CONFESSIONS & MIRANDA WARNINGS |
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| The Fifth Amendment of the United States Constitution requires that no person shall be compelled in any criminal case to be a witness against himself. The self-incrimination privilege of the Fifth Amendment means that a person cannot be compelled to give a testimonial communication to a police officer.
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| 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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| Computer Fraud and Financial Institutions |
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| With the prevalence and necessity of computers, computer fraud in financial institutions appears to be a frequently prosecuted offense. Employees, directors, and agents of financial institutions have access to their customers' information on a daily basis and at their fingertips. It is quite simple, for example, for an employee to delete unfavorable information of a client and add favorable information to the client's file. In the example above, the client may be able to obtain credit approval for certain items that he otherwise would not qualify for. More... |
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| SEARCH & SEIZURE - SCHOOL SEARCHES |
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| The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property. More... |
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| Severance of Offenses and Defendants |
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| If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More... |
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