Search for: "Search/Seizure Warrant"
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13 Jun 2014, 6:48 am
A request by a police officer that an ISP voluntarily disclose such information amounts to a search.Here is the headnote summary of the decision: Constitutional law — Charter of Rights — Search and seizure — Privacy — Police having information that IP address used to access or download child pornography — Police asking Internet service provider to voluntarily provide name and address of subscriber assigned to IP address — Police using… [read post]
4 Oct 2014, 1:33 pm
And remember the more vociferous the government challenges standing, the more it is signaling to you, and to the court, its reluctance to argue the constitutionality of the search or seizure at issue. [read post]
25 Mar 2013, 7:05 am
Vu was acquitted after the trial judge determined that evidence obtained from the search of a laptop and cell phone was inadmissible due to an unreasonable search and seizure. [read post]
7 Dec 2016, 6:09 am
The police returned the defendant to his residence and secured the iPhone until they obtained a warrant to search it a few days later. [read post]
11 Dec 2008, 4:38 pm
Nov. 21, 2008) In this class action case alleging unlawful searches and seizures of plaintiffs’ homes, a discovery dispute arose regarding the production of metadata. [read post]
12 Dec 2018, 9:00 pm
Arrest warrants can’t be issued without meeting probable cause, and a warrant issued by a judge must specify the place to be searched and the person or property to be seized. [read post]
21 Apr 2011, 4:31 am
February 17, 2011).* Typographical error as to the city where the property to be searched was located in the warrant was a technical violation since the face sheet had the correct address, which was searched. [read post]
15 Dec 2010, 10:05 pm
Postal service to open our mail without probable cause or without obtaining a search warrant. [read post]
27 Jan 2010, 5:57 am
Clark (1906) 126 Ga. 484 [54 S.E. 1022]; 3 LaFave, Search and Seizure (3d ed. 1996 & Supp. 2003) § 35.1(g).) [read post]
25 Jul 2023, 12:39 pm
Law enforcement must do better, even when they have a warrant (as they did here). [read post]
14 Aug 2008, 7:41 pm
Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell’s Big Brother society. [read post]
25 May 2008, 9:03 am
Here, a spreadsheet was found and that led to a search warrant for the computers. [read post]
13 Dec 2017, 4:00 am
The question in this appeal is whether the guarantee against unreasonable search and seizure in s. 8 of the Canadian Charter of Rights and Freedoms can ever apply to such messages. [read post]
2 Feb 2019, 7:37 am
An officer vouched for the person in the search warrant affidavit, what was their relationship? [read post]
12 Mar 2008, 4:16 am
The exclusionary rule is not contained in the Fourth Amendment and, because a Fourth Amendment violation occurs when there is an unlawful search or seizure, there is not a separate Fourth Amendment violation for the use of the fruits of that search or seizure. [read post]
21 Oct 2009, 3:04 am
Accordingly, the search was not illegal simply because it failed to comply with Rule 41 but because it violated UMCC's Fourth Amendment right against unreasonable searches and seizures, in light of the absence of probable cause under state law. [read post]
17 Mar 2010, 4:50 am
Nor is a search protocol required to comply with a search warrant. ... [read post]
6 Dec 2017, 4:28 pm
The Fourth Amendment requires border agents to have probable cause before seizing digital devices and to get a warrant before searching those devices. [read post]
31 Jan 2013, 9:03 am
Attorneys for the defendants filed a motion to suppress the evidence obtained in that video, which would have all but derailed the case - on the grounds that it violated the Fourth Amendment clause protecting against unlawful searches and seizures. [read post]
14 Apr 2023, 7:00 am
Law enforcement officers must perform specific procedures when collecting evidence, including getting a warrant before searching your property, vehicle, home, or person. [read post]
