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Criminal Procedure
(redirected from Automobile Exception to the Warrant Requirement)

   Also found in: Legal, Wikipedia 0.02 sec.
Criminal Procedure 

the activities of agencies of inquiry and investigation, the procuracy, and the courts in the initiation, preliminary investigation, and judicial decision of criminal cases, conducted in the manner established by criminal procedural law and by the means and methods prescribed by such law. The tasks of Soviet criminal procedure are the speedy and complete exposure of crimes, the sure and just punishment of crimes, the strengthening of socialist legality, the prevention of crimes, and the education of citizens in the spirit of undeviating execution of the laws.

Criminal procedure is conducted by the competent bodies to which the corresponding functions have been assigned by law under the system of legal relations, which include guarantees of the rights and legal interests of participants in a case. All procedural acts—investigative and judicial—are conducted according to form strictly established by law, which ensures the optimum realization of the tasks of criminal procedure.

Criminal procedure consists of several successive stages, each of which includes a check of the preceding stage: initiation of a criminal case, inquiry, preliminary investigation, arraignment, judicial consideration, cassational proceedings, execution of sentence, and, in some cases, supervisory proceedings and proceedings as a result of newly discovered circumstances.

The science of criminal procedure studies procedural regularities, fundamental concepts and principles, and prescribed order and the execution of such order. The most important part of the science of criminal procedure is the theory of evidence, which studies the problems of proof in criminal cases.



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The Maryland Court of Special Appeals reversed, holding that in order for the automobile exception to the warrant requirement to apply, there must not only be probable cause to believe that evidence of a crime is contained in the automobile but also a separate finding of exigency precluding the police from obtaining a warrant.
 
 
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