Search for: "Search/Seizure Warrant"
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11 Jul 2015, 4:56 am
The rehearing, Michael suggests, might lead the courts to reconsider what constitutes a “search” versus a “seizure” in Fourth Amendment jurisprudence as applies to digital duplication and retention. [read post]
[Nicholas Quinn Rosenkranz] Los Angeles v. Patel and the constitutional structure of judicial review
9 Jul 2015, 5:17 am
Rather, it forbids unreasonable searches and seizures — which are paradigmatically executive actions. [read post]
6 Jul 2015, 9:30 am
The defendant claimed that this second search—even though pursuant to a warrant—violated his Fourth Amendment right to be free from unreasonable searches and seizures. [read post]
5 Jul 2015, 8:22 pm
A New York Divorce Lawyer said at the hearing, where a defendant challenges the legality of a search and seizure, along with statements allegedly obtained as a result thereof, the People have the burden of going forward, in the first instance, to establish the legality of the police conduct. [read post]
5 Jul 2015, 12:12 pm
On Fourth Amendment search and seizure issues and Sixth Amendment Confrontation Clause issues, he is one of our best friends. [read post]
4 Jul 2015, 10:52 am
We don’t want law enforcement breaking into our homes and seizing our possessions without a warrant: we want the freedom from unreasonable searches and seizures. [read post]
1 Jul 2015, 5:50 am
Based on the probable cause established by the dog’s alert (or vacant stare, as the case may be), a warrant was obtained, without mention of Monroe’s earlier stop or information, and a search revealed that Gorman’s RV contained $167,070 in United States Currency. [read post]
30 Jun 2015, 9:09 pm
What Happens After the Seizure? [read post]
29 Jun 2015, 4:18 pm
The officer then left and returned to the home with a valid search warrant. [read post]
29 Jun 2015, 11:36 am
Big news in the field of computer search and seizure today: The Second Circuit has granted rehearing in the full case of United States v. [read post]
29 Jun 2015, 10:54 am
While most citizens recognize that the Fourth Amendment protects against unreasonable searches and seizures, and that police generally cannot search without a warrant, this is actually a much nuanced area of law. [read post]
29 Jun 2015, 7:50 am
Patel, the fourth and final of its search-and-seizure cases this term. [read post]
29 Jun 2015, 6:58 am
Constitution (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 person or things to be seized.) [read post]
29 Jun 2015, 6:50 am
Partly because of the information obtained through the warrantless cell phone seizure and search, Riley was indicted and convicted of the shooting, despite the efforts of his attorneys who had sought to suppress the evidence based on the lack of a warrant. [read post]
27 Jun 2015, 8:27 am
If exigency or a warrant justifies an officer's search, the subject of the search must permit it to proceed irrespective of whether it is authorized by statute. [read post]
25 Jun 2015, 3:01 pm
Boertje handles all misdemeanor and felony criminal cases, including drug charges and unlawful search and seizures. [read post]
24 Jun 2015, 10:00 am
Here is the abstract.This essay discusses John Cleland's novel The Memoirs of a Woman of Pleasure (1748/9, better known as Fanny Hill), in the context of eighteenth-century obscenity law and the law of search and seizure. [read post]
23 Jun 2015, 9:30 pm
Cleland implied, in some of his letters, that he believed his circumlocutory language should have excused him from prosecution, but his stronger argument would have involved the process that led to his arrest: the investigation proceeded by means of a general warrant, a device that would be criticized in the litigation after the 1763 Wilkes prosecution, which in turn influenced the prohibition against unreasonable searches and seizures in the Fourth Amendment to the US… [read post]
23 Jun 2015, 3:26 pm
For instance, in many parts of the country protecting the driver’s constitutional right against unreasonable search and seizure are weighed against public safety with things like allowing search warrants to be granted by judges to police officers over the phone when a driver refuses to give law enforcement a breath test. [read post]
22 Jun 2015, 6:45 pm
But the text of the Fourth Amendment is not limited to “criminal” searches and seizures. [read post]
