| Check Kiting, Improper Personal Loans to Banking Officers, and Overdrafts |
| |
| Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money. More... |
| |
| Lie Detector Tests and Polygraphs |
| |
| A lie detector test or a polygraph test is used to determine whether the defendant or witness shows physiological and psychological reactions in response to certain questions. These tests are typically given if it is believed that the defendant or a witness is intentionally trying to deceive authorities or attorneys. There are various types of lie detector tests.
More... |
| |
| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
| |
| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.
More... |
| |
| Motions to Suppress Evidence |
| |
| A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More... |
| |
| SEARCH & SEIZURE - ABANDONED PROPERTY |
| |
| The right under the Fourth Amendment of the United States Constitution to be secure against unreasonable searches and seizures is based upon an expectation of privacy in a person's property. If the person abandons his or her property, he or she no longer has an expectation of privacy in the property. The police may conduct a search of the abandoned property and may seize the abandoned property without a warrant.More... |
| |
