time limit from arrest to indictment

6104 results for time limit from arrest to indictment

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  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    ... of "persons, who were at the time of the adoption of the Constitution ... United States citizenship, either from a State or by virtue of birth in the ... by state interference by limiting state laws "abridging" these ... of the Prosecution .-Indictment by a grand jury is not a requirement of ... arbitrary and erratic arrests and convictions, it committed too much ...

  • Sosa v. Alvarez-Machain, 542 U.S. 692 (2004)

    ...(Alvarez), also a Mexican national, from Mexico to stand trial in the United ... sued the United States for false arrest under the Federal Tort Claims Act ... to determine which State's limitations statute applied in cases with ..., the exception was written at a time when "arising in" meant where the harm ... Alvarez moved to dismiss the indictment on the ground that his seizure was ...

  • Albright v. Oliver, 510 U.S. 266 (1994)

    ... authorities had issued an arrest warrant charging him with the sale of a ...-his "liberty interest"to be free from criminal prosecution except upon ... before this Court is a very limited one. He claims that the action of ... express no opinion as to the timeliness of any such claim he might have. 272. ... crime be instituted by the indictment of a grand jury. In the more than 100 ...

  • Fifth Amendment: Rights Of Persons

    Indictment by Grand Jury . The history of the ... Included from the first in Madison's introduced draft ... and personal affront than did an arrest or an investigative stop, and because ..., which may be onerous at times, to appear and give whatever aid he may ... The exception's limiting words "when in actual service in time ...

  • Russell v. United States, 369 U.S. 749 (1962)

    ... inquiry." In each case the indictment returned by the grand jury stated that ... which was under inquiry at the time of the defendant's alleged default or ... the guise of technical departures from the rules. Pp. 760-763. (d) Omission ... Orfield, Criminal Procedure from Arrest to Appeal, 137-140, 144-146. For many ... be indicted by grand jury is to limit his jeopardy to offenses charged by a ...

  • Section 2: Judicial Power and Jurisdiction

    ..., and whether it ought not to be limited to cases of a Judiciary Nature. The ... generally were voted down four times, and similar fates befell suggestions ... controversy is thus distinguished from a difference or dispute of a ... as exposing himself to actual arrest or prosecution. When one alleges an ... courts, and sustained an indictment against a consul. Many years later, the ...

  • Sixth amendment: Rights of Accused in Criminal Prosecutions

    ... proceedings which were at one time not considered to be criminal ... in outside the territorial limits of the United States a violation of ... to a speedy trial may be derived from a provision of Magna Carta, and it was ... of the right need not await indictment, information, or other formal charge ... the actual restraints imposed by arrest if those restraints precede the formal ...

  • Section 8: Powers of Congress

    ...Articles exported from any State may not be taxed at all. ... of this power by saying from time to time that it "reaches every ... "two guiding principles of limitation for holding the tax immunity of State ... any State." Sustaining an indictment under the act, a unanimous Court, ... a federal function, a State may arrest a postal employee charged with murder ...

  • Miranda v. Arizona, 384 U.S. 436 (1966)

    ... in a room in which he was cut off from the outside world. None of the ...Pp. 476-477. 2. The limitations on the interrogation process required ... "third degree" flourished at that time.[Footnote 5] . [Page 384 U.S. 436, ... a woman who confessed to the arresting officer after being importuned to ... cause, a warrant, or an indictment. Society has always paid a stiff price ...

  • Section 1: Legislative Powers

    ...When the colonies separated from Great Britain following the Revolution, ... appropriate to each; and the limitation of the personnel of each branch to that ... require." During all this time the Court "has not seen fit .. to ... for insufficiency of the indictments. Indictments, which merely set forth ... contempt did not extend to the arrest of a person who published matter ...

  • United States v. Dixon, 509 U.S. 688 (1993)

    ...Based on respondent Dixon's arrest and indictment for possession of ... his release cannot be abstracted from the "element" of the violated ...That limitation was closely followed in American ... may neither be tried a second time for assault nor again convicted for ...

  • Kaley v. United States, 571 U.S. (2014)

    ... connection with this case, at the time the opinion is issued.The syllabus ... supporting the underlying indictment. TheEleventh Circuit affirmed. Held: ... assets used in or gained from certain seriouscrimes. See 21 U. S. C. ... triggers "issuance of an arrest warrant without further inquiry" into ... Process Clause "has limitedoperation" in the field. Id., at 443. That ...

  • USA v. Hugo Ortiz, (5th Cir. 2012)

    ... Appeal from the United States District Court. ... that “[a]ny information or indictment charging an individual with the ... on which such individual was arrested or served with a summons in connection ... or information is filed within the time limit required by section 3161(b) as ...

  • USA v. Hugo Ortiz, (5th Cir. 2012)

    ... Appeal from the United States District Court. ... that “[a]ny information or indictment charging an individual with the ... on which such individual was arrested or served with a summons in connection ... or information is filed within the time limit required by section 3161(b) as ...

  • United States v. Barnett, 376 U.S. 681 (1964)

    ...BARNETT ET AL. CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR ... of the State of Mississippi at the time this action arose,[Footnote 1] and Paul ... federal courts under 401 were limited by the Congress in 1914 by the ... one convicted3a of using, upon arrest by court order, "abusive, reviling or ... "ought to" be prosecuted by indictment. In State v. Johnson, 1 Brevard's ...

  • Roper v. Simmons, 543 U.S. ___ (2005)

    ... any offender under age 16 at the time of the crime. The next year, in ... mandate a categorical exemption from the death penalty for mentally retarded ...Capital punishment must be limited to those offenders who commit "a narrow ... Simmons' involvement, police arrested him at his high school and took him to ... to jury trial and grand jury indictment, but even many interpretations of the ...

  • Swain v. Alabama, 380 U.S. 202 (1965)

    ...'s motions to quash the indictment, to strike the trial jury venire, and ... prosecutor's striking of Negroes from the jury panel in one particular case ... intentional exclusion limited to Negroes. It applies to any ...In this period of time, Negroes served on 80% of the grand ... Orfield, Criminal Procedure From Arrest to Appeal 355 (1947). Harris, Criminal ...

  • The Supreme Court giveth and the Supreme Court taketh away: the century of Fourth Amendment 'search and seizure' doctrine.

    ... and seizure issues since that time. (3) . However, the two stories have ... whether the justices will refrain from explicitly ending enforcement of tutional limits on government arrest and search powers, ... 1790-91) ("On an indictment for any crime under the degree of ...

  • United States of America, Appellee, v. Louis Gilliss, Appellant., 645 F.2d 1269 (8th Cir. 1981)

    ...Louis Gilliss appeals from a judgment entered in the District ... (1) failing to dismiss the indictment for violation of the Speedy Trial Act ...The police arrested appellant and found the gun about ten ... Trial Act because the 60-day time limit from arraignment to trial began ...

  • United States v. Robel, 389 U.S. 258 (1967)

    ... UNITED STATES v. ROBEL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR ...203 , dismissed the indictment for failure to allege that appellee was ..., makes it impossible by limiting construction to save the provision from ...At that time appellee, a member of the Communist ... appellee's indictment and arrest, "he was released on his own ...

  • Branzburg v. Hayes, 408 U.S. 665 (1972)

    ...Wallace for New York Times Co., Inc., et al.; by Don H. Reuben, ... County synthesizing hashish from marihuana, an activity which, they ... were "exceptional" and "limited," stating that "[t]he principle that ..., unless on a presentment or indictment of a Grand Jury."[Footnote 24] The ... the radical and his ideas and to arrest him rather than the hostile audience. ...

  • Duncan v. Louisiana, 391 U.S. 145 (1968)

    ... DUNCAN v. LOUISIANA. APPEAL FROM THE SUPREME COURT OF LOUISIANA. No. ... purposes to say that by the time our Constitution was written, jury ... preferred in the shape of indictment, information, or appeal, should ... it might be said that the limitation in question is not necessarily ... people were liable to sudden arrest and summary conviction in courts and by ...

  • USA v. Payton, (6th Cir. 2007)

    ..., the Government sought an indictment. After precipitating the withdrawals ... The Speedy Trial Act imposes two time constraints: "the [thirty-day] limit in § 3161(b) running from arrest or summons to indictment, and ...

  • New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

    ... protections for speech and press limit a State's power to award damages in a libel ... of the movement, against a perjury indictment then pending in Montgomery. The text appeared ... Capitol steps, their leaders were expelled from school, and truckloads of police armed with ... assaulted his person. They have arrested him seven times - for `speeding,' `loitering' and ...

  • Criminal law theory and criminal justice practice.

    ... made by legislatures and other times made by police, regulatory agencies, ... set of institutions and practices from those that have developed in common law ...-upon commitment to desert as a limit on punishment is unlikely as a ... by means of a private indictment.."); see generally Dubber, supra; ... victims, thus imposing mandatory arrest, to policies that empower women who ...