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NARA [144]
3 years ago
7

I need help please.

Law
1 answer:
d1i1m1o1n [39]3 years ago
5 0

Answer:

the answer is true

Explanation:

because the force is greater than that which is needed to compel compliance

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Using F.R.C.P. as your guide, please explain the different requirements for serving a summons, subpoena, or complaint as opposed
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Answer:

Hi

Serving: (a) In general. The process, which does not include a subpoena under Rule 4 or a subpoena under Rule 45, must be delivered by a United States marshal or a marshal deputy or by a person specially designated for that purpose, within the territorial limits of the state where the district court is located and, if authorized by federal statute, beyond those limits.

(b) Compliance with orders: Commitment of civil contempt. An order that commits a person for civil contempt of a decree can be delivered and executed in any district. Any other order in a civil contempt process can be delivered only in the state where the issuing court is located or in another place in the United States within 100 miles of where the order was issued.

Summons: (1) Content. A subpoena must: (A) name of the court and the parties; (B) be directed to the accused; (C) indicate the name and address of the plaintiff's lawyer or, if not indicated, of the plaintiff; (D) indicate the time within which the accused must appear and defend himself; (E) notify the defendant that the lack of appearance and defense may result in a default trial against the defendant for the compensation required in the complaint; (F) must be signed by the secretary; (G) that bears the seal of the court.

Subpoena: (a) In general. (1) Form and content. (A) Requirements: in general. Each citation must: (i) indicate the court from which it issued; (ii) indicate the title of the action and its civil action number; (iii) order each person to be told to do a specific time and place: attend and testify; produce designated documents, electronically stored information or tangible things in possession, custody or control of that person; or allow the inspection of premises; and (iv) establish the text of Rule 45 (d)

Consult the standard in https://www.law.cornell.edu/rules/frcp

Explanation:

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What the officers did was unconstitutional and violated the 4th amendment.  Weeks v. United States established the Exclusionary Rule in 1914. At the time the exclusionary rule was only applied for federal courts instead of all courts. In 1949, Wolf v. Colorado, the High Court ruled that the Exclusionary Rule did not apply to the State but the Fourth Amendment did. In 1961, Mapp v. Ohio, the High Court ruled that the exclusionary rule applies to the state level as well as the federal. Justice Clark said this perfectly, "Thus the State, by admitting evidence unlawfully seized, serves to encourage disobedience to the Federal Constitution which it is bound to uphold....... Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."

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