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1

What law allows the ADF to be used in this way? Part IIIAAA of the Defence Act 2003 (Cth) enables "Calling out the Defence Force to protect Commonwealth interests, States and self‑governing Territories". It allows the Govenor-General on the advice of the Prime Minister, the Minister of Defence and the Attorney-General to make a call-out order. ...


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In the United States, if someone who has requested a lawyer is questioned by police despite their desire not to do so, in violation of their Miranda rights under the 6th Amendment, this is a "civil rights violation". There are several remedies for this civil rights violation. It can trigger the exclusionary rule to exclude any statement obtained in ...


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In the United States, at least, there isn't a special term to capture this. If the suspect has requested a lawyer, but the police continue questioning, you could call that a "Miranda violation," but tthat phrase could also refer to several other actions, such as failing to notify the suspect of his Miranda rights, or questioning him when he has not ...


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england-and-wales I know it is illegal for authorities to question a suspect when their lawyer isn’t present. This is not really true, at least in England and Wales. The right to free and independent legal advice (FILA) is defined by s.58 of the Police and Criminal Evidence Act 1984 (PACE), but it is not an absolute right. It may be delayed - but not totally ...


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(US) "I know is it illegal for authorities to question a suspect when their lawyer isn’t present" This is not really true, at least in the US. The suspect must explicitly ask for a lawyer. Even saying "Maybe I should talk to a lawyer" (ie Davis v. U.S. (512 U.S. 453 (1994)) isn't enough, they have to say "I want a lawyer". ...


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This question and many related ones are analysed in detail by Eugene Volokh, in a long paper that is worth reading in its entirety if you are interested in the topic. The [Supreme] Court has offered “speech integral to [illegal] conduct” as one of the “well-defined and narrowly limited classes of speech” excluded from First Amendment ...


1

A conviction for witness tampering generally requires something more than simply giving advice. Under federal law, witness tampering requires the use or threat of force to prevent a witness from cooperating with the police. Pure advice against cooperating cannot be a crime. Under New York law, a conviction requires that the defendant induces the witness to ...


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At what point does advising a person not to talk to the police become "witness tampering"? When the brother's advice includes actual or threatened physical force. Witness tampering is defined by 18 U.S. Code § 1512 to include: (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to — ...


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Is an IP address of a phone an Admissible piece of evidence in court? A business record or other record or testimony regarding the IP address of a phone is admissible evidence if it is otherwise relevant and no other rule of evidence (e.g. attorney client privilege) keeps out the record or testimony. An IP address itself isn't "evidence" it is a ...


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If such accusations are reported to the police or some other law enforcement authority, the authorities are likely to investigate. They are not required to investigate, but it is probable that they will chose to do so. They may use whatever methods they think proper to investigate, subject to the limits of permitted procedure in the jurisdiction involved. (...


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No such obligation exists, at least at the federal level. See DeShaney v Winnebago or Town of Castle Rock v Gonzales. SCOTUS has repeatedly ruled that law enforcement officers are under no legal obligation to prevent a crime in progress, merely that they have the power to intervene if they so choose. Obviously as a society we expect police officers to, you ...


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Is it normal under German law to just assume the accused will never go after a witness? This is not a question that can be answered here, or probably anywhere with any degree of certainty. The form seems to allow giving a different address (like a work address), but this seems to require a "good reason". What are acceptable reasons? These ...


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