Prince William County police have 60 days to determine the circumstances under which officers may ask about immigration status - the details of which will emerge during work sessions with the Board of County Supervisors. The eight-member board unanimously passed a revised resolution Tuesday that directs the police department to establish guidelines for immigration enforcement, including a definition of "probable cause" to ask suspects about their immigration status and methods for verifying a suspect's legal presence in the country.
In the aftermath of September 11, 2001, Attorney General John Ashcroft authorized the U.S. government to use material-witness arrest warrants to detain and investigate terrorist suspects. At that time, existing law permitted this investigatory use, based primarily on the principle that subjective intent is irrelevant in the standard Fourth Amendment context. In al-Kidd v. Ashcroft, the Ninth Circuit Court of Appeals erred in denying former Attorney General Ashcroft qualified immunity. Ashcroft’s decision to permit the government to use a valid material-witness arrest warrant to detain Abdullah al-Kidd did not violate al-Kidd’s constitutional rights, regardless of the government’s subjective intent. Furthermore, assuming that the government’s actions were unconsti...
... . . . . . 2. The Probable-Cause Requirement for Material-Witness Detention. ...23 This definition’s application in the material-witness context, howev...
... it was not issued on a showing of probable cause and no record was required to be made of wha... the area define "probable cause;" the definition is entirely a judicial construct. An applicant for...
... that "no Warrants shall issue, but upon probable cause." Probable cause exists when "there is a fai... be found at the searched location; by definition, the triggering condition which establishes probab...
... argument in Paxton's Case made the case a cause celebre in Massachusetts. (20) Otis categorically ... that remained unsettled in 1791 were probable cause and search incident to arrest. . 1. Probable... did not have a single meaning and its definitions were sometimes conflicting. A nascent concept of p...
Sergeant (Sgt) Jeffrey S. Ohnesorge, U.S. Marine Corps, was convicted of violating a general order by using his government-issued computer to download pornography, in violation of Article 92, Uniform Code of Military Justice (UCMJ).11 A drilling reservist had been using Sgt Ohnesorge's government-issued computer to conduct official business during his drill period when he inadvertently discovered both adult and child pornography on the computer hard drive.12 At the time the pornography was discovered, Sgt Ohnesorge was the unit's Information System Coordinator, responsible for the unit's software and hardware computer support.13 The images had been stored on the G drive, a password-protected shared drive that was accessible by other computers on the network.14 Marine Corps officials con...
...'s fundamental benchmark measure of probable cause as an objective metric.2 On the horizon, how...A. Refined Legal Definition of Probable Cause. In its only Fourth Amendment op...
..., and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and parti... "persons, houses, papers, and effects" definition of the scope of the Amendment's protection--a form...
...Fayer's admissions provided Vaughn with probable cause to believe Fayer had committed a crime, ther...89, 91 (1964)). Nevada's definition of probable cause is virtually identical to the Lo...
... business records, and the lone wolf definition. (Inaudible) approved a 90-day extension of these ... . No showing of probable cause, no direct connection to a foreign power or ...
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