Search for: "Search/Seizure Warrant"
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26 Jun 2018, 11:31 am
Those questions may usefully be asked in the following order: (1) Was there a search or seizure at all; (2) If there was a search or a seizure, was it unreasonable; (3) If there was a search or seizure, and if it was unreasonable, does the person complaining about it have “standing” to complain; and (4) If there was an unreasonable search or seizure, and if the person who is complaining… [read post]
16 Nov 2015, 11:43 am
EFF is urging the California Supreme Court to hold that the state’s arrestee DNA collection law violates privacy and search and seizure protections guaranteed under the California constitution. [read post]
12 Aug 2019, 11:57 am
” Right to Avoid Searches Without a Warrant Another right you have is to refuse a vehicle search. [read post]
11 Apr 2008, 1:37 pm
This case begins with a long narrative of a drug bust with a no-knock warrant. [read post]
20 Jan 2012, 4:31 am
"There are more points of facts that show the search warrant should never have been issued had all the evidence been reviewed properly beforehand, rendering the search and seizure illegal. [read post]
31 Dec 2000, 4:00 pm
Rather, the 4th Amendment protects against “unreasonable” searches and seizures. [read post]
6 Jun 2012, 5:46 am
LEXIS 218 (May 29, 2012).* In litigation over a 1991 search warrant in 2012, the seizure under the search warrant was somewhat excessive, but it was not reason to suppress the whole search under Andersen. [read post]
26 May 2014, 5:14 am
As I have noted in prior posts, the 4th Amendment only applies to “state action,” i.e., to searches and seizures that are carried out by agents of the state, such as police officers. [read post]
14 Aug 2013, 3:15 pm
However, the court went on to consider his further testimony that he had noticed a "detectable and identifiable odor of marijuana", and held that "under the totality of the circumstances there was probable cause to arrest and the seizure without a warrant was permissible". [read post]
24 May 2024, 9:35 am
Accordingly, a search must be conducted pursuant to a search warrant or a recognized exception to the search warrant requirement. [read post]
29 Oct 2012, 5:58 am
As a result of testing of the furnace, the police became suspicious and executed a search warrant. [read post]
29 Oct 2012, 5:58 am
As a result of testing of the furnace, the police became suspicious and executed a search warrant. [read post]
13 Jun 2022, 6:06 am
” They obtain a warrant to search her phone. [read post]
18 Jun 2019, 8:44 am
A judge must sign a search warrant. [read post]
18 Jan 2019, 11:39 am
” If you or a loved one is in a situation where the police obtained evidence against you as the result of a warrantless seizure and subsequent search, you will need an attorney to fight to suppress that evidence. [read post]
10 Feb 2014, 5:27 am
As I have noted in earlier posts, if there is no search or seizure, there is no 4th Amendment violation. [read post]
18 Aug 2014, 1:43 pm
In the case, the court hold that the weapon found in the man's home may not be suppressed since by combining the allegation in the search warrant with the averment in the affidavit that the man has concealed on his person and in his residence, a revolver for which he has no permit, there was sufficient authority for the search of the man's home and the seizure of the revolver found therein. [read post]
18 May 2011, 8:43 pm
We have successfully litigated search and seizure issues in dozens of cases. [read post]
24 Oct 2010, 12:36 pm
As I’ve also explained, to be “reasonable” a seizure must be conducted pursuant to a warrant (usually a search and seizure warrant for property) or pursuant to a valid exception to the 4th Amendment’s warrant requirement. [read post]
24 Dec 2007, 2:43 pm
Hawai'i decides a Hawaii search and seizure case in favor of the cop where the cop had reason based on the timing of defendant's reapparence on the streets after a prior arrest for driving without a license. [read post]
