Search for: "Search/Seizure Warrant"
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25 Oct 2009, 8:23 am
Rather, Patton's warrant was for failure to appear in court for a past offense unrelated to the eventual drug charge that arose from the car search. [read post]
12 Sep 2022, 4:30 am
For example, see last week’s ruling by a federal court that chalking the tires of parked cars to determine if they’d overstayed the parking limit was a Fourth Amendment search, requiring a warrant. [read post]
10 Sep 2013, 10:17 pm
Alford, 647 F.Supp. 1386 (M.D.Ala.1986), the district court addressed the plaintiff’s claim for an unreasonable search and seizure after officers executing a search warrant for cocaine left his apartment “in disarray,” knocking holes in the walls to remove plaster in search of cocaine, breaking a $300 stereo, damaging some of the other items seized, and dumping trash out of the trash can. [read post]
4 Oct 2020, 4:00 am
For registration and more information, click on http://www.aele.org/public-safety-discipline-and-internal-investigations.htmlOctober 2020 Law Enforcement Liability Reporter: This issue has cases on assault and battery: physical, electronic control weapons: dart and stun modes, false arrest: no warrant, Federal Tort Claims Act, firearms related: intentional use, firearms related: Second Amendment issues, First Amendment, and medical care.… [read post]
4 Oct 2020, 4:00 am
For registration and more information, click on http://www.aele.org/public-safety-discipline-and-internal-investigations.htmlOctober 2020 Law Enforcement Liability Reporter: This issue has cases on assault and battery: physical, electronic control weapons: dart and stun modes, false arrest: no warrant, Federal Tort Claims Act, firearms related: intentional use, firearms related: Second Amendment issues, First Amendment, and medical care.… [read post]
28 Jun 2013, 3:00 am
The Fourth Amendment to the United States 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 persons or things to be seized." [read post]
5 Feb 2019, 6:09 am
This search and seizure case involves assault weapons in Connecticut. [read post]
4 Jun 2014, 5:20 am
The friction point is between free speech rights and search and seizure. [read post]
24 Jan 2018, 2:32 am
The statutory scheme of PACE 1984, ss 8 and 15, permits a Magistrates’ Court in an ex parte application for a search and seizure warrant to have regard to material which cannot on public interest grounds be disclosed to a person affected by the warrant or order, even where this material is decisive for the legitimacy of the warrant. [read post]
28 May 2021, 3:41 pm
For example, people generally have the right to deny the police access to their phone and online records, and if the police ask a person to turn over their electronic devices without a warrant, it may constitute an unreasonable search and seizure. [read post]
22 Jun 2007, 4:44 am
The trial court suppressed removal of a bag partially protuding from defendant's anus because no warrant was sought because precedent required a warrant for any search that was so intrusive. [read post]
20 Apr 2007, 7:25 am
Karo, 468 U.S. 705, 715 (1984) ("Searches and seizures inside a home without are presumptively unreasonable absent exigent circumstances. [read post]
28 Feb 2013, 6:49 am
A warrant was obtained. [read post]
26 Nov 2010, 5:29 am
There is no requirement that the search warrant be physically present at the time of the search. [read post]
CA9: USPO's delivery guarantee creates no constitutional possessory interest in a package in transit
29 May 2009, 7:10 am
The post office delivery guarantee does not create a constitutional possessory interest such that US Postal Inspectors could delay a package in Juneau, Alaska for a dog sniff and a search warrant to open it before delivery. [read post]
20 Apr 2017, 8:45 am
United States 16-402 Issue: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. [read post]
26 Mar 2014, 1:36 pm
In November 2013, this Court similarly held that `cell phones properly seized pursuant to the search-incident-to-arrest exception or the automobile exception cannot be searched without a warrant. [read post]
26 Jun 2018, 10:30 am
Here's my best shot at untangling it: As I read his analysis of "third party" cases, he would hold that if Party A "entrusts" information about herself to Party B and has a reasonable expectation that Party B will keep it "private"--and a concomitant "positive law right," based upon a promise or contract or property right or statute, that Party B will honor the confidentiality of the information by not sharing it with others--then the… [read post]
31 Jan 2008, 6:36 am
What is more, as the government suggests, see Response at 10, Cashman, who had drafted the proposed Warrant and Affidavit and understood the Warrant only to authorize search for evidence of the crime of reckless conduct, was present throughout the search, including during a briefing at which all participating agents were advised that the Warrant authorized search for evidence of the crime of reckless conduct. [read post]
14 May 2010, 11:18 am
Because of that Constitutional protection, the police cannot just come into a person's home, or get a search warrant, based on an anonymous tip. [read post]
