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Due Process Search & Seizure

Proskauer - Minding Your Business

No Hearing? No Money: Second Circuit Holds the Government May Not Keep Illegally Seized Rent

The Second Circuit has recently held that the Government must account for rental income it denied a property owner during a period of illegal seizure even though the Government was able to establish probable cause at a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Carlton Fields

High Court Deals Major Blow To Criminal Defendants

Carlton Fields on

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

Best Best & Krieger LLP

BB&K Police Bulletin: Detention and Seizure - Voluntary Relinquishment of Identification Card Does Not Constitute Seizure

Overview: A California appellate court recently ruled that the voluntary relinquishment of one’s identification card, upon request by a law enforcement officer, did not constitute a detention or seizure under the...more

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