Search for: "Search/Seizure Warrant"
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8 Mar 2013, 4:24 am
As I noted in that and other posts, if someone has a 4th Amendment expectation of privacy in a place of thing, that triggers the 4th Amendment’s requirements that officers either obtain a search (and/or seizure) warrant before they search/seize the place/thing or rely on a valid exception to the warrant requirement to justify the search and/or seizure. [read post]
22 Mar 2022, 2:39 pm
The agents acted with warrants that allowed them to seize phones and computers to search for evidence of trafficking in interstate property [apparently related to an investigation into the alleged theft of Ashley Biden's diary -EV]. [read post]
1 Feb 2013, 10:09 am
Further, the test for determining if a search and seizure was based on a valid consent by a person who has been unlawfully arrested was set forth in People v. [read post]
10 Aug 2022, 11:18 am
(Those documents were apparently not difficult to find upon serving the warrant and searching the grounds.) [read post]
28 May 2023, 9:38 am
Supreme Court precedent, that the Fourth Amendment’s prohibition against illegal searches and seizures extends to individuals a “reasonable expectation of privacy” that cannot be transgressed without a warrant or reasonable suspicion to conduct a warrantless search. [read post]
24 Apr 2008, 5:33 am
The officer's failure to knock-and-announce did not warrant suppression under Hudson. [read post]
14 May 2009, 11:40 am
The Orange County Register reports that the Huntington Beach Police Department has obtained a search warrant to locate the individual responsible for posting an online threat to “hunt down” two of its officers. [read post]
24 Oct 2011, 11:56 am
The Fourth Amendment to the United States Constitution states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [read post]
7 Apr 2009, 9:32 am
Kaplan received a copy of the warrant and he consented to allow investigators to search an off-site storage warehouse used by SDI. [read post]
12 Jan 2022, 8:58 pm
United States, 575 U.S. 348 (2015) "held that 'the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s 'mission'—to address the traffic violation that warranted the stop and attend to related safety concerns.' Rodriguez, 575 U.S. at 354 (citation omitted)... [read post]
17 Dec 2021, 12:11 pm
As a Fairfax criminal lawyer, I know that appellate court decisions for decades have chipped away at our Fourth Amendment rights regarding searches and seizures without warrants or probable cause. [read post]
16 Jun 2016, 9:35 am
He moved to dismiss the charge and claimed that the state law in question violated his Fourth Amendment right against unreasonable search and seizure. [read post]
10 Apr 2018, 8:57 am
To the extent possible, providing copies of seized records is encouraged, where such disclosure will not impede or obstruct the investigation.Whether appropriate arrangements have been made for storage and handling of electronic evidence and procedures developed for searching computer data (i.e., procedures which recognize the universal nature of computer seizure and are designed to avoid review of materials implicating the privilege of innocent clients).My first reaction… [read post]
30 Dec 2014, 10:16 am
A request for a search warrant can be made to a judge by simultaneous audio and video transmission, such as Skype. [read post]
4 Oct 2012, 2:07 pm
These opponents of the law argue that DNA samples represent an unreasonable search and seizure of private information when the person has only been accused and not convicted of a serious offense. [read post]
2 Apr 2018, 12:18 am
The chapter on the Fourth Amendment has been substantially rewritten and reorganized to reflect the increasing integration of the Internet to computer search and seizure law. [read post]
26 Oct 2013, 9:35 am
Lavabit offered to decrypt itself the data the FBI wants on the suspect and disclose it to the government, and the government presumably can get a search warrant for that particular user. [read post]
3 May 2019, 8:56 am
Mitchell was convicted of the DUI charge; and appealed his conviction on the ground the blood draw was an unconstitutional violation of his 4th Amendment right against unreasonable searches and seizures. [read post]
26 Jan 2011, 1:11 am
Diaz appealed his conviction, saying the evidence was gathered in violation of the Fourth Amendment, which prohibits unreasonable searches and seizures. [read post]
11 May 2010, 6:46 am
Searches I -Traditional Warrant Exceptions; Part X. [read post]
