criminal law and procedure

statute of limitations

A statute of limitations is any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim.

There are statutes of limitations...

statutory rape

Statutory rape is defined by statute as an act of sexual intercourse with a person under the age of consent, which is considered to constitute rape under the law, whether the person is willing or not. In statutory rape, there is usually no...

stop and frisk

A stop-and-frisk refers to a brief non-intrusive police stop of an individual. The Fourth Amendment requires that before stopping the suspect, the police must have a reasonable suspicion that a crime has been, is being, or is about to be...

strip search

A strip search is an inspection of a naked person. Strip searches are generally improper unless supported by probable cause. When determining the reasonableness and legitimacy of a strip search, the court will consider the totality of circumstances to...

subpoena duces tecum

From the Latin duces tecum, meaning "you shall bring with you; subpoena duces tecum is a type of subpoena that requires the witness to produce documents, books, records, or other evidence pertinent to a legal proceeding. This subpoena will...

substantial factor test

The substantial factor test is often used in criminal law and torts to assess whether the defendant’s acts or omissions were a substantial factor in causing the harm, especially when there are multiple causes.

In criminal...

successive sentences

When a criminal defendant gets convicted of a crime, the judge will impose a sentence appropriate for the conduct. If the defendant gets convicted on multiple charges, they will face multiple sentences. The sentences can be applied either...

suppression

Suppression occurs when evidence collected in violation of the Constitution becomes inadmissible at trial. Evidence excluded this way is referred to as being “suppressed.” This is known as the Exclusionary Rule.

The process...

suppression of evidence

Suppression of evidence is a pretrial proceeding to prevent evidence from being shown at trial, which could be lawful or unlawful.

Lawful suppression of evidence means the judge rejects the use of the evidence in the court...

surveillance

Surveillance is the act of observing another in order to gather evidence. Surveillance is one of the most common methods law enforcement officials use to investigate suspects and gather evidence. It can be accomplished with the knowledge of...

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