mimms v pennsylvania

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553 documents for mimms v pennsylvania

- Pennsylvania v. Mimms, 434 U.S. 106 (per curiam) (1977)
U.S. Supreme Court PENNSYLVANIA v. MIMMS, 434 U.S. 106 (1977) 434 U.S. 106 PENNSYLVANIA v. MIMMS ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREM...
- U.S. Supreme Court
- Excluding automobile passengers from Fourth Amendment protection.
The 1997 US Supreme Court decision in Maryland v. Wilson concluded police need no factual basis to order a passenger out of a vehicle while the motorist is being detained for a traffic violation. The decision is contrary to the Court's 1968 decision in Terry v. Ohio, which demanded factual basis, but consistent with its 1977 decision in Pennsylvania v. Mimms, which noted detainment implied seizure. The Wilson Court ruled public interest outweighed individual's right not to be searched. Future state courts should rely on state and not federal law in making search and seizure decision.
- Journal of Criminal Law and Criminology
- Vol. 88 Nbr. 3, March 1998
- State v. Davis, (Ohio 2010)
motion to suppress, Pennsylvania v. Mimms, ineffective assistance of counsel
- Ohio Supreme Court

- Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World
Adding to the Fourth Amendment "reasonableness" debate, Professor Bellin argues that the Supreme Court should factor in a new variable-crime severity-to determine whether a search is reasonable. After advocating for its adoption, the article presents a framework for incorporating crime severity into Fourth Amendment doctrine.
- Iowa Law Review
- Nbr. 97-1, November 2011
- New York v. Class, 475 U.S. 106 (1986)
...Pennsylvania v. Mimms, . Page 475 U.S. 106, 116. 434 U.S. 106,...
- U.S. Supreme Court
- USA v. Eric Seigler, (3rd Cir. 2012)
... for the Middle District of Pennsylvania. (D.C. No. 10-cr-0...2004) (citing Pennsylvania v. Mimms, 434 U.S. 106, 109 (1977)); see Whren v. United St...
- Federal Circuits
- Arizona v. Johnson, 555 U. S. ____ (2009)
...In Pennsylvania v. Mimms, 434 U. S. 106 (per curiam), the Court he...
- U.S. Supreme Court
- Maryland v. Wilson, 519 U.S. 408 (1997)
... affirmed, holding that the rule of Pennsylvania v. Mimms, 434 U. S. 106, that an officer may as a ...
- U.S. Supreme Court
- United States v. Ramirez, 523 U.S. 65 (1998)
...See Pennsylvania v. Mimms, 434 U. S. 106, 108-109. Excessive or unn...
- U.S. Supreme Court
- Atwater v. Lago Vista, 532 U.S. 318 (2001)
..."); 3 Laws of the Commonwealth of Pennsylvania 177-183. [Page 338] . (1810) (1794 Act) (persons ... Mimms, 434 U. S. 106 , 108-109 (1977) (per curiam) (q...
- U.S. Supreme Court