4

There is no hard rule that a strip search cannot be performed by a different-gendered officer. The hard rule is that the search must be reasonable (as required by the 4th Amendment) , which means that there have to be sufficient reasons for the search. Depending on the circumstances, a search of a male by a female, or in view of a female, could be reasonable ...


3

The fire district has five elected members who oversee the organization's $2.5 million annual budget. They are elected officials who vote on policy, but it's a stretch to refer to them as a "legislative body." Most fire departments in the United States are divisions of other government agencies and do not have their own elected officials. Here's a more ...


2

You are correct, you need or needed an attorney. In the US, nobody is ever forced to plead anything, much less guilty. If you refuse to enter a plea, the court will enter a plea of "not guilty" on your behalf. Your description of the events doesn't match what is possible under US law. When you are charged with a crime, the prosecution might negotiate an ...


2

In the US at least, the decisions made by a prosecutor to prosecute - or not - or to level charges that involve less of a punishment are entirely up to the prosecutor. You can always ask the prosecutor the reasons for the lack of charges and release for "time served"; he/she may or may not tell you, depending on disclosure laws, age of defendants, or other ...


2

The Biosecurity Act 1993 gives inspector's the power to take declarations at s30(1B): An inspector may require a person arriving in New Zealand to make a declaration about 1 or more of the following in a manner specified by the inspector: A "manner specified by the inspector" can be either verbal or written. Making a mistake in this declaration exposes ...


2

None of the factors you list about Charlie committing a crime, about to commit a crime* or being responsible for the officer's injury apply to whether or not Bob can shoot Charlie on behalf of the officer. On the other hand, if Charlie's actions lead Bob to the reasonable belief that Charlie represents an imminent threat of death or grave bodily injury to ...


2

Broadly speaking, theft offences in common law jurisdictions are defined as the dishonest appropriation of property that belongs to another with intent to deprive the rightful owner of it, without proper authority (e.g. permission or legal right to do that). Appropriation means the assumption of the rights of ownership of the property, i.e. behaving as if ...


2

You're overthinking the situation; the basis of the prosecution of the people who spent the money that appeared in their account will be violation of the Bank Services Agreement for the bank. The service agreement - a legally binding contract - will say that errors in deposits must be reported to the bank, and any funds transferred in error by the bank ...


1

Under Texas law, it may be tampering with a consumer product, a second-degree felony. This depends on exactly what was added (it needs to be something that's harmful, not merely something that tastes bad), and how accessible the ice maker is (it needs to be accessible to "the public"). You might be able to stretch 431.021(h) of the Food, Drug, and Cosmetic ...


1

There is a tort of malicious prosecution which could be relevant: if the prosecutor knowingly and with malicious intent charges a person. The prosecutor has to have probable cause for the charge, meaning that a reasonable person would believe that the accused committed the crime. A prosecutor cannot maliciously prosecute a person. Acting to obtain a guilty ...


1

Except for extradition, this is no different than if the alleged perpetrator were a local When person A reports a crime, the relevant authorities in country A (usually the police but, depending on the crime, other organisations may have jurisdiction) will investigate and decide if they wish to arrest and charge person B. If they do, they apply to the court ...


1

I assume, based on the tags that you use (criminal law, penal law) and expressions like "press charges", "prove innocent" that you are asking about criminal prosecution, and not a civil lawsuit, so that words implying "suit" are in error. A suing B is radically different from B being prosecuted by C because of some crime against A. Europe is a big place ...


1

No that isn't legal. big mold problem the mold in the apartment was making me and my kids sick Implied warranty of habitability breached. The rent is forfeit until the breach is cured. If we want to interpret it differently, that it is unusual for this level of mold to make people sick yet it does so for you and your family, we end up with ...


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