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Topics - jgsmith

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General Board / Exactions and "Rough Proportionality"
« on: January 29, 2007, 11:42:07 AM »
Just wondering if anyone can help explain the "rough Proportionality" Prong of an exaction analysis. The rule is that a municipality has to "make some sort of idividualized determination that the required exaction is related both in nature and extent to the impact of the proposed develpment." I'm not sure If I understand this fully, and if anyone understands Exactions and takings I would really appreciate your help.

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General Board / Violation of fourth amendmant right?
« on: December 13, 2006, 02:57:06 PM »
Hypo: A police officer pulls over a vehicle. The police officer then asks the driver if he has been drinking. The driver admits that he had 3 beers. The officers then give him 4 field sobriety tests, and the passenger passes them all. The police do not offer a breathilizer, but without gaining consent, and at the objection of the passenger, they proceed to search the vehicle. While searching the vehicle they find an open container.

Issue: Absent an odor of alcohol coming from the vehicle, did the officers have "reasonable suspicion" to search the vehicle, or did they violate the drivers fourth amendmant right to be free from unreasonable searches and seizures?

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General Board / Torts question
« on: December 05, 2006, 05:48:33 PM »
Can Necessity be a defense to False Imprisonment. For example, a deadly new disease has been discovered that could kill thousands. Assuming all the elements are met for false imprisonment, a mayor quarantines B for 36 hours because he reasonably believes B  could be carrying the infectious disease that could kill thousands. B files for false imprisonment. Could the mayor argue that is was a necessity to quarantine for the overall benefit of the public? If you wouldn't choose necessity, what would you argue. Or would you just argue that B wins and the Mayor looses?

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