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102-593: TRPA can refer to: Tahoe Regional Planning Agency TRPA , a family of transient receptor potential ion channels Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title TRPA . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=TRPA&oldid=645333208 " Category : Disambiguation pages Hidden categories: Short description

204-533: A 17-year-old's age as part of the Miranda custody analysis was not objectively unreasonable". In her concurring opinion Justice O'Connor wrote that a suspect's age may indeed "be relevant to the 'custody' inquiry"; the Court did not find it relevant in the specific case of Alvarado . The Court affirmed that age could be a relevant and objective factor in J.D.B. v. North Carolina where they ruled that "so long as

306-518: A confession obtained by torture was admissible. However, by the eighteenth century, common law in England provided that coerced confessions were inadmissible. The common law rule was incorporated into American law by the courts. The Supreme Court has repeatedly overruled convictions based on such confessions, in cases such as Brown v. Mississippi , 297 U.S. 278 (1936). Law enforcement responded by switching to more subtle techniques, but

408-473: A continuous opportunity to exercise it, the following measures are required. Before any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The warning Chief Justice Earl Warren referred to is now called the Miranda warning , and it

510-536: A crime is "infamous", for purposes of the Grand Jury Clause, is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed; however, crimes punishable by death must be tried upon indictments . The historical origin of "infamous crime" comes from the infamia , a punishment under Roman law by which a citizen was deprived of his citizenship. In United States v. Moreland , 258 U.S. 433 (1922),

612-490: A criminal prosecution or the danger thereof". The privilege against compelled self-incrimination is defined as "the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself". To "plead the Fifth" is to refuse to answer any question because "the implications of the question, in the setting in which it is asked" lead a claimant to possess a "reasonable cause to apprehend danger from

714-818: A defendant's refusal to testify in his own defense. The Court overturned as unconstitutional under the federal constitution a provision of the California state constitution that explicitly granted such power to prosecutors. While defendants are entitled to assert the right against compelled self-incrimination in a civil court case, there are consequences to the assertion of the right in such an action. The Supreme Court has held that "the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them." Baxter v. Palmigiano , "[A]s Mr. Justice Brandeis declared, speaking for

816-435: A direct answer", believing that "a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result." Historically, the legal protection against compelled self-incrimination was directly related to the question of torture for extracting information and confessions. The legal shift away from widespread use of torture and forced confession dates to

918-420: A directed verdict after a jury conviction, nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute. Nor does it prevent the government from retrying the defendant after an appellate reversal other than for sufficiency, including habeas, or "thirteenth juror" appellate reversals notwithstanding sufficiency on

1020-556: A few older homes had highly flammable wooden shake roofs and inadequate fire clearance around the structures. In some cases, winter fire wood and kindling supplies were piled too close to homes. The study did state that dead and dying vegetation along Angora Creek "likely contributed" to the fire's rapid spread. Native riparian vegetation in "stream environment zones" (such as Angora Creek) in the Tahoe Region are protected as sensitive resources, and removal of vegetation from these areas

1122-437: A higher appellate court), or an "implied acquittal" via conviction of a lesser included offense. In addition, the government is barred by collateral estoppel from re-litigating against the same defense, a fact necessarily found by the jury in a prior acquittal, even if the jury hung on other counts. This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or

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1224-575: A legal proceeding. The Supreme Court ruled that the privilege applies whether the witness is in a federal court or, under the incorporation doctrine of the Fourteenth Amendment, in a state court, and whether the proceeding itself is criminal or civil. The right to remain silent was asserted at grand jury or congressional hearings in the 1950s, when witnesses testifying before the House Committee on Un-American Activities or

1326-678: A penitentiary can be imposed only if a crime is subject to imprisonment exceeding one year." Therefore, an infamous crime is one that is punished by imprisonment for over one year. Susan Brown, a former defense attorney and Professor of Law at the University of Dayton School of Law , concluded: "Since this is essentially the definition of a felony , infamous crimes translate as felonies." The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in

1428-859: A per day fee for visitors renting a passenger vehicle. In 2021 this fee was $ 5.50 per day, with the proceeds earmarked to fund public transportation, which some argue falls outside of the 1969 TRPA Charter. TRPA posts their fee schedule online which shows that homeowners and businesses must pay potentially thousands of dollars in parcel improvement application fees, including site assessment fees, Information Technology fees, surveys fees, processing fees, per square footage fees, and many other static and variable fees before an individual or business can even begin to plan for improvement to their private lot. The fees have been viewed as discriminatory in practice, with only wealthy residences and businesses able to cover fees that are exorbitant in comparison to surrounding cities and counties. In 2005, in an effort to bring all buoys on

1530-529: A range of laws, including the Takings Clause in the U.S. constitution. There is also concern over the scientific evidence TRPA uses to form its regulations. For example, for more than twenty years, construction of new piers in "prime fish habitat" areas was prohibited, but studies were later released that showed some manmade structures in "feeding and escape cover" habitat areas could actually benefit fish populations. Criticism of TRPA often falls under

1632-454: A separate opinion, held that, "Salinas' Fifth Amendment privilege would not have been applicable even if invoked because the prosecutor's testimony regarding his silence did not compel Salinas to give self-incriminating testimony." Justice Antonin Scalia joined Thomas' opinion. The Fifth Amendment privilege against compulsory self-incrimination applies when an individual is called to testify in

1734-598: A speech to the House of Representatives . His draft language that later became the Fifth Amendment was as follows: No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without just compensation.   ...Except in cases of impeachments, and cases arising in

1836-668: A structure (a.k.a. Zone 0 space) until 2022 as ground cover within their defensible fire space zone remained in direct contradiction to the 30-foot guidelines for defensible space (Zone 1) that was consistently recommended by the California Department of Forestry and Fire Protection , which explicitly recommends to "remove dead or dry leaves and pine needles". The TRPA requires an $ 83 non-refundable filing fee with any tree removal application, further slowing defensible space creation and arguably prevents lower income residents from defending their space. While investigations into

1938-417: A suspect would constitute questioning. A person may choose to waive his Miranda rights, but the prosecution has the burden of showing that such a waiver was actually made. A confession not preceded by a Miranda warning where one was necessary cannot be admitted as evidence against the confessing party in a judicial proceeding. The Supreme Court, however, has held that if a defendant voluntarily testifies at

2040-556: A three-pronged strategy to restore the environment of Lake Tahoe: The regulatory program has been in place for more than 35 years and the TRPA evaluates itself every five years. While regulation is one of the pillars of the TRPA's plan, the agency also emphasizes the capital investment and scientific research components of its strategy which are embodied in the Environmental Improvement Program (EIP). TRPA

2142-474: A unanimous court in the Tod case, 'Silence is often evidence of the most persuasive character.'" "'Failure to contest an assertion ... is considered evidence of acquiescence ... if it would have been natural under the circumstances to object to the assertion in question.'" In Baxter , the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of

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2244-447: Is a symbol of environmental responsibility and stewardship and provides a legal means to govern the region. TRPA is recognized throughout the world for what it contributes to the science of resource protection. Much of the effort put forth is groundbreaking and the problems addressed have no textbook remedies . This is in part what makes the agency a lightning rod attracting a wide range of opinions and emotions. The TRPA has adopted

2346-414: Is also disputed claiming that the TRPA is unaccountable and ignores the public. Mitigation measures usually come in the form of fees which are used to fund environmental improvement and restoration projects, but there is no way for residents and businesses to verify whether the mitigation fees they paid were applied to actual environmental mitigation. Some feel that the fees amount to undue taxation, such as

2448-718: Is at the sole discretion of the TRPA. Lake Tahoe residents, the State of California, environmental groups and property rights groups have repeatedly sued TRPA to change restrictions and fees in the Tahoe Region. The charges levied against TRPA represent a wide range of grievances and displeasure with the Agency, claiming that the agency is too powerful, abusive or biased, exclusively run by non-elected officials, or applying selective environmental data that goes far beyond their mandate of environmental protection, and asserting restrictions on residents and development of private property violate

2550-430: Is customarily delivered by the police to an individual before questioning. Miranda has been clarified by several further Supreme Court rulings. For the warning to be necessary, the questioning must be conducted under "custodial" circumstances. A person detained in jail or under arrest is, of course, deemed to be in police custody. Alternatively, a person who is under the reasonable belief that he may not freely leave from

2652-438: Is different from Wikidata All article disambiguation pages All disambiguation pages Tahoe Regional Planning Agency TRPA and its mission are one-of-a-kind and represent an unprecedented attempt to address environmental, economic and cultural values at both regional and local levels. The agency is the lead organization responsible for creating and implementing region-wide solutions to protection. The agency

2754-404: Is further evidence of TRPA's over-reaching expansion. Since TRPA is a bi-state entity with quasi-federal powers, state & local elected officials have little recourse in opposing the agency's strategies. Although half of the TRPA's 15-member Governing Board is made up of locally elected officials, there is public sentiment that they have only the courts to turn to for balance. If anyone contests

2856-434: Is generally the environmentally preferable alternative, and is more cost-effective and easier to maintain. While some groups argue that utilizing pine needles and wood chips as ground cover up to the 30-foot perimeter of a structure is a violation of California Public Resources Code 4291 requiring defensible space in California, a 0.5 to 1 inch (13 to 25 mm) covering of forest litter (duff layer), once decay has taken place,

2958-611: Is intended to set a measured rate of residential, commercial and recreational growth, the impacts of which are controlled through mitigation measures. The TRPA governing board consists of 15 members (members shown in italics are required to reside outside of the TRPA region): At present, the make up is composed of seven trained as attorneys (with the Executive Director licensed to practice law in Washington DC ), five elected politicians, two environmentalists, and

3060-410: Is no bar to retrial, unless the prosecutor acted in "bad faith", i.e., goaded the defendant into moving for a mistrial because the government specifically wanted a mistrial. If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial. The same standard governs mistrials granted sua sponte . In Heath v. Alabama (1985),

3162-572: Is not necessarily self-incrimination. In June 2010, the Supreme Court ruled in Berghuis v. Thompkins that a criminal suspect must now invoke the right to remain silent unambiguously. Unless and until the suspect actually states that he is relying on that right, police may continue to interact with (or question) him, and any voluntary statement he makes can be used in court. The mere act of remaining silent is, on its own, insufficient to imply

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3264-445: Is not sufficient to carry a flame intense enough to burn structures from a distance of 30-feet away . However, freshly applied pine needles remain highly flammable until decomposition has fully occurred. Regardless, TRPA staff and local fire groups are investigating possible nonflammable or flame-retardant alternatives to provide both soil protection and fire prevention. In addition, TRPA staff and board members state they are working with

3366-446: Is primarily an environmental agency, but recognizes the interdependency of environmental, economic and social well being in the Tahoe Region. Environmental groups, property rights advocates, business interests and numerous government agencies agree that tourism and successful, locally-owned businesses are the key to economic vitality at Lake Tahoe and are dependent upon the attractiveness of the region's environment. The TRPA Regional Plan

3468-416: Is that the jury cannot be told that the custodian personally produced those documents in any subsequent prosecution of him, but the jury is still allowed to draw adverse inferences from the content of the documents combined with the position of the custodian in the corporation. In Griffin v. California (1965), the Supreme Court ruled that a prosecutor may not ask the jury to draw an inference of guilt from

3570-415: Is vigorously restricted by TRPA to protect damage to soils, habitat, and water quality. While fire investigators have concluded that several factors contributed to the disastrous fire, including unburned piles from previous forest thinning projects, lack of defensible space, stockpiling of flammable materials near structures, and thick ground covers, investigators found that several structures actually burned

3672-605: The American Mafia . The privilege against self-incrimination does not protect an individual from being suspended from membership in a non-governmental, self-regulatory organization (SRO), such as the New York Stock Exchange (NYSE), where the individual refuses to answer questions posed by the SRO. An SRO itself is not a law enforcement entity or court of law, and cannot send a person to jail. SROs, such as

3774-679: The Angora Fire burned 3,100 acres (13 km ) and destroyed 254 residences and many other structures adjacent to South Lake Tahoe. A reversal of the winds as the fire approached the city limits near the "Y" (junction of US50 and 89) saved the area from a far more devastating disaster. Owners, developers' rights groups, and local real estate lobbyists immediately charged that the structures burned because of TRPA's strict environmental regulations. While inconsistent with Cal Fire regulations, TRPA field staff prohibited property owners from establishing proper defensible space around their homes and required

3876-725: The Clean Water Act . Having this special designation calls for a non-degradation standard and a high level of protection. There are only three bodies of water on the West Coast with this designation; Mono Lake in California , and Crater Lake in Oregon are the other two. The shore zone of Lake Tahoe has a long and challenging history. Regulations affecting the construction of piers, buoys and other shore zone-related issues have been researched and debated extensively since

3978-650: The Senate Internal Security Subcommittee claimed the right in response to questions concerning their alleged membership in the Communist Party . Under the Red Scare hysteria at the time of McCarthyism , witnesses who refused to answer the questions were described by McCarthy as "fifth amendment communists". They lost jobs or positions in unions and other political organizations, and suffered other repercussions after "taking

4080-580: The Sixth Amendment right to a petit jury , which, unlike the grand jury, must find guilt beyond a reasonable doubt ." The grand jury is a pre-constitutional common law institution. The Supreme Court ruled against incorporating this right (extending it to the states) in Hurtado v. People of California , 110 U.S. 516 (1884). Most states have an alternative civil process. "Although state systems of criminal procedure differ greatly among themselves,

4182-573: The United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures . It was ratified, along with nine other amendments, in 1791 as part of the Bill of Rights . The Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by

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4284-546: The 1966 landmark case Miranda v. Arizona , the Supreme Court held that the Self-Incrimination Clause requires the police to issue a Miranda warning to criminal suspects interrogated while in police custody. The Fifth Amendment also contains the Takings Clause, which allows the federal government to take private property only for public use and only if it provides "just compensation". Like

4386-553: The 1980s. The Tahoe Lakefront Homeowners Association and others call for fewer restrictions on development, claiming that every lake front property owner should be allowed to build a pier. Other groups, such as the League to Save Lake Tahoe and the Sierra Club, argue that allowing hundreds of new piers will harm fish habitat and scenic quality, and will further block the public from access to beaches and will inhibit kayaking along

4488-630: The Caldor fire, government crews cut large swaths to the bare soil and aggressively thinned neighboring forests to protect the City. This emergency act lowered the fire height from 100s of feet as was seen during the Angora fire approaching the Y-area, to about fifteen feet, thus saving the City. As a result, significant tree thinning without the required TRPA permits and removal of freshly fallen pine needles to

4590-503: The Court held that an "unfair and inherently coercive context" including a prolonged interrogation rendered a confession inadmissible. Miranda v. Arizona (1966) was a landmark case involving confessions. Ernesto Miranda had signed a statement confessing to the crime, but the Supreme Court held that the confession was inadmissible because the defendant had not been advised of his rights. The Court held "the prosecution may not use statements ... stemming from custodial interrogation of

4692-871: The Deputy Director from the Nevada Department of Conservation and Natural Resources. Since the Tahoe Regional Planning Agency must regulate how individuals develop their property within a fragile environment, controversy and criticism are no strangers. TRPA has been collecting research on the effects of development on Lake Tahoe's clarity for more than 35 years, and has set limits on the amount of land that can be covered by buildings and pavement, called land coverage , on an individual parcel (ranging from 1% in areas it deems to be highly sensitive areas to 30% in areas deemed to be least sensitive areas). The designation of sensitivity

4794-513: The Fifth Amendment has not been incorporated under the Fourteenth Amendment . This means the grand jury requirement applies only to felony charges in the federal court system. While many states do employ grand juries, no defendant has a Fifth Amendment right to a grand jury for criminal charges in state court. States are free to abolish grand juries, and many (though not all) have replaced them with preliminary hearing . Whether

4896-470: The Fifth Amendment right. Some civil cases are considered "criminal cases" for the purposes of the Fifth Amendment. In Boyd v. United States , the U.S. Supreme Court stated that "A proceeding to forfeit a person's goods for an offence against the laws, though civil in form, and whether in rem or in personam, is a "criminal case" within the meaning of that part of the Fifth Amendment which declares that no person "shall be compelled, in any criminal case, to be

4998-551: The Fifth Amendment's Due Process Clause to provide two main protections: procedural due process , which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process , which protects certain fundamental rights from government interference. The Supreme Court has also held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to

5100-583: The Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment . One provision of the Fifth Amendment requires that most felonies be tried only upon indictment by a grand jury , which the Court ruled does not apply to the state level. Another provision, the Double Jeopardy Clause , provides the right of defendants to be tried only once in federal court for

5202-642: The Fifth". Senator Joseph McCarthy (R-WI) routinely asked witnesses, "Are you now, or have you ever been, a member of the Communist Party?" while he was chairman of the Senate Government Operations Committee Permanent Subcommittee on Investigations. Admitting to a previous Communist Party membership was not sufficient. Witnesses were also required to "name names", i.e. implicate others they knew to be Communists or who had been Communists in

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5304-483: The Fourteenth Amendment's Equal Protection Clause . The amendment as proposed by Congress in 1789 and ratified by the states: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for

5406-411: The Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law". The Fifth Amendment's Due Process Clause applies to the federal government, while the Fourteenth Amendment's Due Process Clause applies to state governments (and by extension, local governments ). The Supreme Court has interpreted

5508-518: The Governing Board hears, there is local sentiment that the agency serves too few and is not working for the benefit of local residents and businesses. A movement led by local property rights groups and real estate developers to have all Governing Board members elected by local residents has been pushed for several years, but has thus far been resisted by government officials and environmental groups, due to concern that environmental protection of

5610-506: The NASD) when the individual asserts the Fifth Amendment privilege against compelled self-incrimination. If a person chooses to provide statements in testimony to the SRO, the SRO may provide information about those statements to law enforcement agencies, who may then use the statements in a prosecution of the individual. The Fifth Amendment limits the use of evidence obtained illegally by law enforcement officers. Originally, at common law , even

5712-543: The NYSE and the National Association of Securities Dealers (NASD), are generally not considered to be state actors. See United States v. Solomon , D. L. Cromwell Invs., Inc. v. NASD Regulation, Inc. , and Marchiano v. NASD . SROs also lack subpoena powers. They rely heavily on requiring testimony from individuals by wielding the threat of loss of membership or a bar from the industry (permanent, if decided by

5814-530: The Supreme Court held that incarceration in a prison or penitentiary, as opposed to a correction or reformation house, attaches infamy to a crime. In Mackin v. United States , 117 U.S. 348 (1886), the Supreme Court judged that "'Infamous crimes' are thus, in the most explicit words, defined to be those 'punishable by imprisonment in the penitentiary'", while it later in Green v. United States 356 U.S. 165 (1957) stated that "imprisonment in

5916-574: The Supreme Court held that only charges relating to service may be brought against members of the militia without indictments. As a decision, O'Callahan, however, lived for a limited duration and was more a reflection of Justice William O. Douglas's distrust of presidential power and anger at the Vietnam Conflict. O'Callahan was overturned in 1987, when the Court held that members of the militia in actual service may be tried for any offense without indictments. The grand jury indictment clause of

6018-454: The Supreme Court held that the Fifth Amendment rule against double jeopardy does not prohibit two different states from separately prosecuting and convicting the same individual for the same illegal act. The Fifth Amendment protects individuals from being forced to incriminate themselves . Incriminating oneself is defined as exposing oneself (or another person) to "an accusation or charge of crime", or as involving oneself (or another person) "in

6120-767: The Supreme Court, in a 5–4 decision in Salinas v. Texas , significantly weakened the privilege, saying "your choice to use the Fifth Amendment privilege can be used against you at trial depending exactly how and where you do it." In the Salinas case, Justices Alito, Roberts, and Kennedy held that "the Fifth Amendment's privilege against self-incrimination does not extend to defendants who simply decide to remain mute during questioning. Long-standing judicial precedent has held that any witness who desires protection against self-incrimination must explicitly claim that protection." Justice Thomas, siding with Alito, Roberts and Kennedy, in

6222-545: The U.S. Supreme Court in United States v. Cotton (2002), "the Fifth Amendment grand jury right serves a vital function in providing for a body of citizens that acts as a check on prosecutorial power. No doubt that is true. See, e. g. , 3 Story , Commentaries on the Constitution § 1779 (1883), reprinted in 5 The Founders' Constitution 295 (P. Kurland & R. Lerner eds. 1987). But that is surely no less true of

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6324-399: The agency released an environmental document with alternatives that would allow some new development in the shore zone, but says it balanced new development with programs that increased public beach access, protected sensitive areas, and set high standards for development. According to the agency, the shore zone example shows how TRPA attempts to serve all members of the public fairly by using

6426-519: The agency's decisions, they feel they are painted as against the environment. Furthermore, critics of the agency have alleged that TRPA staff represent themselves as "locals", which is actually true of most of the board and the staff, though a small percentage of staff members live outside the Tahoe basin, in nearby areas such as Carson City. Since staff are the individuals with whom most of the negotiations are engaged, and who propose nearly all agenda items

6528-464: The allegations which it is pretended they will prove". Corporations may also be compelled to maintain and turn over records; the Supreme Court has held that the Fifth Amendment protections against self-incrimination extend only to "natural persons". The Court has also held that a corporation's custodian of records can be forced to produce corporate documents even if the act of production would incriminate him personally. The only limitation on this rule

6630-704: The amendment was ratified by the states on December 15, 1791, as part of the Bill of Rights . Every one of the five clauses in the final amendment appeared in Madison's draft, and in their final order those clauses are: the Grand Jury Clause (which Madison had placed last); the Double Jeopardy Clause ; the Self Incrimination Clause ; the Due Process Clause ; and, the Takings Clause . The Grand Jury Clause limits governmental powers focusing on criminal procedures , because, as stated by

6732-501: The bare ground occurred widely. Proactive techniques of applying Phos-check home defense fire retardant products to vegetation has also become more widespread. While clearly, the Angora Fire has reinvigorated the public taking hold of their own safety, the Caldor fire has cemented it. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002) , a 2002 United States Supreme Court case involving

6834-410: The best available science and planning practices to protect Lake Tahoe and create a balance between the man made and natural environments. The agency says it understands that on some controversial issues, consensus isn't possible. But after robust collaboration between TRPA and the public, common ground can emerge to move the process forward. Even so, the shore zone changes remain in limbo. In June 2007,

6936-422: The category of economics. Some business owners and homeowners express concerns that they want more freedom to build or expand in order to realize the maximum value from their properties. TRPA says it works diligently to find innovative ways to allow property owners to develop their property in environmentally sensitive ways and has created programs that balance environmental impacts through mitigation, but this claim

7038-514: The causes and effects on the Angora Fire show that allegations of staff misconduct may have occurred, and resource protection policies may not have been the root cause of the disaster, anti-TRPA sentiment remains extremely high among most residents. Many have concluded that the agency has infringed on property safety, constitutional private property rights, and impeded economic development in the Lake Tahoe region. In August/September 2021, during

7140-421: The child's age was known to the officer at the time of police questioning, or would have been objectively apparent to a reasonable officer, its inclusion in the custody analysis is consistent with the objective nature of that test". The questioning does not have to be explicit to trigger Miranda rights. For example, two police officers engaging in a conversation designed to elicit an incriminating statement from

7242-476: The courts held that such techniques, even if they do not involve physical torture, may render a confession involuntary and inadmissible. In Chambers v. Florida (1940) the Court held a confession obtained after five days of prolonged questioning, during which time the defendant was held incommunicado, to be coerced. In Ashcraft v. Tennessee (1944), the suspect had been interrogated continuously for thirty-six hours under electric lights. In Haynes v. Washington ,

7344-500: The defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." Custodial interrogation is initiated by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of movement before being questioned as to the specifics of the crime. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure

7446-417: The environmental impacts of more piers. Other individuals and public interest groups feel that TRPA does not go far enough in strictly controlling development. They claim that, since Lake Tahoe belongs to everyone, property owners must take responsibility for the impacts of their development . Further, supporters of the agency's policies point out that comprehensive management strategies in communities across

7548-469: The grand jury is similarly guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming [p688] majority of the States." Branzburg v. Hayes (No. 70-85) 1972. Grand juries , which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings; they are given specific instructions regarding

7650-413: The individual's act of production provides information not already in the hands of law enforcement personnel about the (1) existence; (2) custody; or (3) authenticity, of the documents or materials produced. See United States v. Hubbell . In Boyd v. United States , the U.S. Supreme Court stated that "It is equivalent to a compulsory production of papers to make the nonproduction of them a confession of

7752-488: The lake into compliance with current regulations, TRPA initially proposed a buoy permitting fee of $ 5,000 for the first buoy and $ 7,500 for a second buoy. Many residents protested thinking that the TRPA did not have the power to charge taxes. Due to public opposition and guidance from the TRPA Governing Board, a new proposal was made in 2006 reducing the permitting fee to $ 500 for the first buoy and $ 1,500 for

7854-459: The lake will be compromised in favor of development. An example of the controversy the agency faces is development in the shore zone. Lake Tahoe's shore zone is where the lake meets the land. Because of its relationship to the quality of scenery, recreation, and lake clarity, the shore zone is one of the most sensitive areas in the region. The Environmental Protection Agency has designated Lake Tahoe as Outstanding National Resource Waters under

7956-416: The land or naval forces, or the militia when on actual service, in time of war or public danger   ... in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary   ... This draft was edited by Congress; all the material before the first ellipsis was placed at the end, and some of the wording was modified. After approval by Congress,

8058-467: The law by the judge. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings. For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth , Fifth or Sixth amendments cannot be introduced in court. Also, an individual does not have

8160-709: The laying down of newly fallen and highly flammable dry pine needles to serve as erosion control in favor of lake clarity. In public hearings, TRPA countered that defensible space has always been a significant agency concern, and has always been encouraged by the agency, citing published TRPA regulations, public documents, and previous public hearings. However, in post fire hearings stating this position, those that lost their homes were so infuriated that security escorts were required to protect TRPA Staff's exit. Prompted by local newspaper articles quoting allegations of TRPA staff forcing homeowners to pile dry pine needles and other flammable materials around their homes, and even up against

8262-579: The local fire protection districts to simplify procedures for homeowners to implement defensible space requirements around their homes, and eliminate confusion and possible conflicts regarding TRPA erosion control requirements and defensible space requirements, and to ease restrictions on use of heavy machinery in sensitive areas near communities. However, after the Angora Fire, it took the TRPA over 15-years to clarify pine needle removal guidelines, with homeowners and businesses remaining subject to TRPA fines of $ 5000 or more for removing pine needles beyond 5-feet of

8364-427: The loss of hundreds of structures. While not meeting the legal threshold of staff misconduct and detrimental agency policies, the U.S. Forest Service fire investigations in the Angora Fire investigations confirmed that most of the structures caught fire from "firebrands"—pieces of burning wood—carried in the smoke column either from neighboring structures or from nearby burning vegetation. The investigations found that

8466-458: The multiple punishments context, is also the test for prosecution after conviction. In Grady v. Corbin (1990), the Court held that a double jeopardy violation could lie even where the Blockburger test was satisfied, but Grady was overruled in United States v. Dixon (1993). The rule for mistrials depends upon who sought the mistrial. If the defendant moves for a mistrial, there

8568-485: The nation are funded by assessing fees on the associated properties and participants who benefit the most from such impacts . Other issues the agency is criticized for are fine amounts and local representation at the agency. TRPA fine amounts are generally around $ 5,000 for violations like unpermitted tree-cutting. While some critics say such fines aren't large enough since a wealthy lake front owner may happily pay that much to improve their view, other critics argue that it

8670-569: The past. Academy Award winning director Elia Kazan testified before the House Committee on Un-American Activities that he had belonged to the Communist Party briefly in his youth. He also "named names", which incurred enmity of many in Hollywood. Other entertainers such as Zero Mostel found themselves on a Hollywood blacklist after taking the Fifth, and were unable to find work for a while in show business. The amendment has also been used by defendants and witnesses in criminal cases involving

8772-591: The principle that jeopardy has not "terminated". There is also an exception for judicial bribery in a bench trial. In Blockburger v. United States (1932), the Supreme Court announced the following test: the government may separately try to punish the defendant for two crimes if each crime contains an element that the other does not. Blockburger is the default rule, unless the legislature intends to depart; for example, Continuing Criminal Enterprise (CCE) may be punished separately from its predicates, as can conspiracy. The Blockburger test, originally developed in

8874-476: The prosecution may proceed without indictments if the defendants waive their Fifth Amendment right. Grand jury indictments may be amended by the prosecution only in limited circumstances. In Ex Parte Bain , 121 U.S. 1 (1887), the Supreme Court held that the indictment could not be changed at all by the prosecution. United States v. Miller , 471 U.S. 130 (1985) partly reversed Ex parte Bain ; now, an indictment's scope may be narrowed by

8976-407: The prosecution. Thus, lesser included charges may be dropped, but new charges may not be added. The Grand Jury Clause of the Fifth Amendment does not protect those serving in the armed forces, whether during wartime or peacetime. Members of the state militia called up to serve with federal forces are not protected under the clause either. In O'Callahan v. Parker , 395 U.S. 258 (1969),

9078-594: The regulatory power of the agency. Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725 (1997) a 1997 United States Supreme Court case holding a federal court should not consider a claim against an agency before the government has reached a “final” decision. See also, Pakdel v. City and County of San Francisco, 594 U.S. ___ (2021) . Fifth Amendment to the United States Constitution#Takings Clause The Fifth Amendment ( Amendment V ) to

9180-463: The restraint of law enforcement is also deemed to be in "custody". That determination of "reasonableness" is based on a totality of the objective circumstances. A mere presence at a police station may not be sufficient, but neither is such a presence required. Traffic stops are not deemed custodial. The Court has ruled that age can be an objective factor. In Yarborough v. Alvarado (2004), the Court held that "a state-court decision that failed to mention

9282-469: The right to have an attorney present in the grand jury room during hearings. An individual would have such a right during questioning by the police while in custody, but an individual testifying before a grand jury is free to leave the grand jury room to consult with his attorney outside the room before returning to answer a question. Currently, federal law permits the trial of misdemeanors without indictments. Additionally, in trials of non-capital felonies,

9384-441: The same indictment. Jeopardy applies when the jury is empaneled in a jury trial, when the first witness is sworn in during a bench trial, or when a plea is rendered. The government is not permitted to appeal or try again after the entry of an acquittal, whether a directed verdict before the case is submitted to the jury, a directed verdict after a deadlocked jury, an appellate reversal for sufficiency (except by direct appeal to

9486-399: The same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. On June 8, 1789, Congressman James Madison introduced several proposed constitutional amendments during

9588-404: The same offense. The Self-Incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which he or she is a defendant. "Pleading the Fifth" is a colloquial term often used to invoke the Self-Incrimination Clause when witnesses decline to answer questions where the answers might incriminate them. In

9690-640: The second. If the fee is approved, the agency claims it would be used to offset the impacts to water quality and to fund a watercraft and illegal buoy enforcement program. The proposal, after two years of discussion, was supposed to be finalized in February 2007. But the League to Save Lake Tahoe and the Sierra Club , which want the pier moratorium to continue, continued to protest the changes. Furthermore, some California government agencies continue to question

9792-530: The shore. For more than 25 years, the TRPA has not allowed new structures such as piers in areas considered "prime fish habitat." These areas are still considered limited and fragile. However, aforementioned scientific studies were conducted over a period of 15 years that showed protective measures could be taken to reduce the impacts of additional piers on the lake and that some underwater structures actually benefited fish populations in "feed and escape cover" habitat areas. In 2005 and 2006, after 20 years of debate,

9894-418: The structures, creating dangerous fire hazards, state and local politicians reacted swiftly by calling for investigations into TRPA policies and staff misconduct. In July 2007, California and Nevada governors Arnold Schwarzenegger and Jim Gibbons signed a bi-state "Blue Ribbon Fire Commission" agreement, to investigate fire issues in the Lake Tahoe basin, including TRPA regulations that caused problems that led to

9996-442: The surrounding vegetation—not the reverse. There is continuing disagreement regarding ground cover within 30 feet (9.1 m) of structures. In certain cases, TRPA regulations require ground cover to provide protection from soil erosion on disturbed soil. Ground cover may often be lawn or other landscaping, however site-specific native vegetation, or naturally occurring forest litter such as a thin layer of pine needles or wood chips,

10098-459: The suspect has invoked those rights. Furthermore, a voluntary reply, even after lengthy silence, can be construed as implying a waiver. The new rule will defer to police in cases where the suspect fails to assert the right to remain silent. This standard was extended in Salinas v. Texas in 2013 to cases where individuals not in custody who volunteer to answer officers' questions and who are not told their Miranda rights. The Court stated that there

10200-416: The trial that he did not commit the crime, his confession may be introduced to challenge his credibility, to "impeach" the witness, even if it had been obtained without the warning. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court ruled 5–4 that being required to identify oneself to police under states' stop and identify statutes is not an unreasonable search or seizure, and

10302-610: The turmoil of the late 16th and early 17th century in England . The Supreme Court of the United States has held that "a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances." However, Professor James Joseph Duane of the Regent University School of Law argues that

10404-460: Was no "ritualistic formula" necessary to assert this right, but that a person could not do so "by simply standing mute". Under the Act of Production Doctrine, the act of an individual in producing documents or materials (e.g., in response to a subpoena) may have a "testimonial aspect" for purposes of the individual's right to assert the Fifth Amendment right against self-incrimination to the extent that

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