Search for: "Search/Seizure Warrant"
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27 Jun 2011, 7:46 am
Let’s simplify a tad and assume that the only issue is whether the installation and/or use of the GPS is a search or seizure — that is, let’s assume that if there is a search or seizure, then it’s unreasonable because there was no valid warrant. [read post]
4 Sep 2015, 4:18 am
When a government agent infringes on this reasonable expectation, a `search’ occurs for the purposes of the 4th Amendment, and the government must obtain a warrant or demonstrate that an exception to the warrant requirement applies. [read post]
24 Jan 2017, 8:07 am
On Dec. 19, 2016, the United States Court of Appeals, Sixth Circuit, upheld a lower court’s dismissal of a civil suit involving the fatal shooting of two family dogs by police officers who were executing a search warrant for drug-related activity in 2013. [read post]
3 Apr 2012, 6:23 am
The Cumberland County Organized Crime Bureau executed a narcotics search warrant when they found $1,800 in cash, crack cocaine, and less than 50 grams of marijuana. [read post]
3 Sep 2009, 11:36 pm
., that will govern the procedures to be used when the government wishes to obtain a warrant to examine a computer hard drive or electronic storage medium in searching for certain incriminating files, or when a search for evidence could result in the seizure of a computer. [read post]
26 Jan 2010, 5:40 pm
On Monday at approximately 3 p.m., Torrance police served a search warrant at a warehouse in the [...] [read post]
13 Sep 2010, 10:34 pm
The original ruling required the government to cull specific data described in the search warrant, rather than copy entire hard drives. [read post]
3 Aug 2008, 2:41 am
" In a statement submitted to Feingold for a June hearing on the issue, he noted that the executive branch has long had "plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant" to prevent drugs and other contraband from entering the country. [read post]
14 Jul 2009, 11:31 pm
As you may know, in the Gorshkov case FBI agents copied data from a computer Gorshkov used in Russia, without first obtaining a search and seizure warrant. [read post]
3 Dec 2009, 5:33 am
LA: There is a federal reasonable expectation of privacy in one's drug prescription records requiring a search warrant for access. [read post]
5 Sep 2011, 7:24 am
But that somewhere else can only be the exercise of a constitutionally protected right (whether we want to call it a Fourth Amendment right against unreasonable searches and seizures or a Fifth Amendment Right against self-incrimination), and surely the exercise of a constitutional right cannot be a sufficient condition for a judge to find probable cause. [read post]
6 Jan 2010, 2:51 pm
George Tucker correct when he told his William & Mary law students circa 1803 that all searches and seizures were considered general warrants and thus unconstitutional under the Fourth Amendment unless based upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the things to be seized, or, in the alternative, did this court correctly interpret the Fourth Amendment when it decided that businesses in a… [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]
9 Jan 2019, 2:39 pm
” As you may recall from high school government class, “Plain view”, “search incident to a lawful arrest”, “exigent circumstances” and “voluntary consent” are some of the more common “warrant exceptions,” where a warrantless search or seizure would still be considered reasonable and not run afoul of the Fourth Amendment. [read post]
9 Jan 2019, 2:39 pm
” As you may recall from high school government class, “Plain view”, “search incident to a lawful arrest”, “exigent circumstances” and “voluntary consent” are some of the more common “warrant exceptions,” where a warrantless search or seizure would still be considered reasonable and not run afoul of the Fourth Amendment. [read post]
13 Mar 2011, 6:16 pm
The 4th amendment to the constitution guarantees the right to be free from unreasonable searches and seizure. [read post]
19 Jan 2018, 11:00 am
This time, when Mohammed and Ramzi bin al-Shibh asked if they would be searched and the SJA affirmed and explained the search procedure, both declined to attend. [read post]
9 May 2019, 12:06 pm
Truth be told, New Jersey has strict laws when it comes to search and seizure. [read post]
2 Aug 2011, 10:25 am
This body of law is known as search and seizure law, and controls whether the police, among other things, have the right to search or arrest someone or properly applied for or executed a search warrant. [read post]
1 Jun 2015, 5:42 am
However, the 4th Amendment only protects against `governmental action; it is wholly inapplicable “to a search or seizure . . . effected by a private individual not acting as an agent of the Government. . . . [read post]
