lawful issue

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  • Legally Speaking - Interview

  • Here's one for members of the criminal defense bar: Can a driver's license be suspended pursuant to a state implied consent law if the refusal to submit to a breath test was not incident to a lawful arrest? This month, the Florida Supreme Court tackled that question and the thornier issue of whether the lawfulness of an arrest is subject to review by a state hearing officer in a license suspension proceeding.

  • Public offices — Special audits — Community-based correctional facilities (“CBCFs”) — R.C. 117.10 and 2301.56(E)(1) give State Auditor power to conduct special audit of CBCFs as private organizations receiving public funds — State Auditor has broad authority under R.C. 117.18(A) to issue subpoenas of records in connection with special audit — Subpoena must be lawful, relevant, and not unreasonably burdensome.

  • ... of individuals even if no card is issued. The photographs must be stored in a format in acc...(g) Evidence of lawful status in the United States. A DMV may issue a REA...

  • With Arizona codifying at the state level what exists at the federal level concerning a suspect's immigration status subsequent to initial lawful contact, liberal obfuscation of the issue commenced. Those favoring the rule of law, national sovereignty and the Constitution are xenophobic, nativist and racist. Supporters of the lawless are compassionate, diverse and fair-minded.

  • In Arizona v. Johnson, No. 07-1122, the U.S. Supreme Court addressed the issue of whether police officers who perform a lawful traffic stop have the authority to frisk the vehicle's passengers. The facts in Johnson are not complicated: The defendant was the passenger of a vehicle that was lawfully stopped after it was discovered that the vehicle's registration was suspended. At the time of the stop, the arresting officers -- members of a gang task force -- had no reason to suspect that the occupants of the car had engaged in criminal activity.

  • The group Citizens Project wants the Colorado Springs City Council to approve "plus one" health coverage. It would allow each city employee to extend health insurance coverage to one other adult, including a same-sex partner. Today, each employee may extend coverage only to a lawful spouse or dependent children. The proposal could become a divisive "gay rights" issue. It is no such thing. It is an employee's rights issue. No employer, including City Hall, gives health insurance to employees. Jobs that come with health benefits are jobs in which some compensation is paid in cash and the remainder is paid as a company contribution that covers all or part of the cost of health insurance or other benefits. It isn't magic and it isn't a gift. It's compensation for work, all of it earned. How...

  • Elections are rightly dominating the news, from George W. Bush's 51 percent victory over John Kerry to whomever the Palestinians will chose to succeed Yasser Arafat. On Jan. 30, Iraqis are supposed to go to the polls. Yet, for all of these elections, the one with greatest immediate impact occurred in Ukraine. The issue is stark: a peaceful, lawful transfer of power or potential chaos. In Ukraine, two Viktors contended for the spoils of the presidency: Current Prime Minister Viktor Yanukovich, who "won" an election that was neither free nor fair; and challenger Viktor Yuschenko. Following the disputed vote, Mr. Yuschenko's supporters took to the streets by the hundreds of thousands in a well- organized and well-financed protest (note all the warm clothing and extensive tents and shelters...

  • On January 9, 2012, U.S. Citizenship and Immigration Services (USCIS) announced its intention to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. USCIS now proposes to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers under the Immigration and Nationality Act of 1952, as amended (INA or Act), prior to departing from the United States for consular processing of their immigrant visa applications. Currently, such aliens must depart from the United States and request waivers of inadmissibility during the overseas immigrant visa process,...

    . Federal Register, Volume 77 Issue 63 (Monday, April 2, 2012). Federal Register Volum... for an immigrant visa and admission for lawful permanent residence. Under the proposal, USCIS wou...

  • ... the automobile context, the Supreme Court issued its decision in Arizona v. Gant. (8) In Gant, the ... been discovered during a subsequent and lawful inventory search of the vehicle. (13) It appears t...



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