Given such constitutional protection, before a drug-detecting canine can be deployed to test the threshold of a home, police officers must possess at a minimum reasonable, articulable suspicion that the location to be tested contains illegal drugs. A defendant has a life interest in connection with the imposition of the death penalty and is entitled to due process in the imposition of the sentence. Midwest Employers Council, Inc. Photographs taken of defendant without his permission do not violate this section. A warrantless search of containers within a motor vehicle is allowed where there exists probable cause to believe that contraband is located in the vehicle. Village of Winslow v.
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Notwithstanding constitutional mandates regarding a jury trial, there is no constitutional right to trial by jury for petty offenses carrying a maximum sentence of imprisonment of 6 months or less. The Constitution guarantees a fair and impartial trial to every person accused of crime, and that no person shall be compelled in any criminal case to be a witness against himself, nor shall he be deprived of life, liberty or property without due process of law.
Innkeepers’ act providing for night watchman to protect guest from fire does not contravene the Constitution in that it deprives the innkeeper of life, liberty and property without due process of law.
In order to prove that a defendant’s race unconstitutionally taints enforcement of the death penalty, the defendant must at winsise minimum establish that the decision winsiide enforce the death penalty is based on a conscious discriminatory purpose, resulting in a discriminatory effect suffered by the defendant.
Airport Winsode Act did not violate this section.
Prohibiting foreign installment investment company doing business without certificate of approval by Department of Trade and Commerce is not in violation of due process of law.
Regulation of Board of Soldiers and Sailors Home providing that certain specific per cent of pension be paid into cash fund of home is a matter of contract and not that of depriving inmate of property without due process of law. In action for money judgment for breach of contract, though equitable in nature, the issue should be submitted to a jury if demand is made for one.
Legislative act providing for filiation proceedings is not violative of this section. Sentence of juvenile offender to state penitentiary was not a denial of due process of law. Venue may be proven like any fact, by testimony or by conclusion reached as the only logical inference under the facts.
Cases arising under Workmen’s Compensation Act may be tried and determined as a suit in equity, and it is not in violation of Constitution not to provide for jury.
Statute authorizing annexation of additional territory of rural fire protection district did not deny due process. Legislature is not limited to exclusive choice between indictment or information as form of prosecution but may provide for both. Constitution does not protect any person from punishment for contempt of court for publishing a newspaper article commenting upon a pending cause or proceeding when the publication is calculated to hinder, obstruct, or impede the due administration of justice.
It is a general rule that a person has no vested right in statutory licenses, permits or privileges. Ordinance declaring that the carcasses of all dead animals found within the city, which were not slain for food, should at once become the property of the public contractor, is void so far as it attempts to take private property without due process of law.
Defendant’s statement to television representative was not the type of official questioning to which this section applies. Period of time within which winsids must be had after a mistrial rests in the sound discretion of the trial court.
Preliminary proceedings before magistrate in filiation proceedings are in no sense a trial of the merits. Sunday closing ordinance of city of first class violated this section. The constitutional right to life, liberty and the pursuit of happiness is not infringed by statutes prohibiting deceit or fraud. A seizure for purposes of faxe provision requires either a police officer’s application of physical force to a suspect or a suspect’s submission to an officer’s show of authority.
Wibside to appoint counsel to represent a defendant in a criminal case upon appeal did not violate this section.
Seizure of theater owner’s films without a warrant is not justified under this provision in the absence of probable cause and exigent circumstances or some other recognized exception.
No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.
The Constitution does not entitle accused to demand to be brought before county judge, as such, and proceed with facf. Sunday closing law violated this section and was unconstitutional in its entirety. County where crime committed means precise portion of territory or division of state over which court may exercise power in criminal matters, and limited to that from which a jury for the particular term may legally be drawn.
The right to be free from search and seizure may be waived by consent of a citizen as long as such consent is given freely and is not the product of a will overborne. Requiring defendant to answer questions on cross-examination as to previous convictions for misdemeanor violates the provisions of this section.
Statute providing that candidates for judicial and educational offices should not be nominated, indorsed, recommended, censured, criticized or referred to in any manner by any political convention, basz primary, or at any primary election is a violation of this section.
City ordinance prohibiting the removal of garbage through the streets or alleys by any one not employed by the city for that purpose, is not unconstitutional as taking the property of a restaurant proprietor for public use without just compensation or as depriving him of his property without due process of law. Gage County, 14 Neb. The constitutional right to a trial before a jury of the county where the offense is alleged to have been committed is a mere personal privilege of the accused which he may waive.