Search for: "Search/Seizure Warrant"
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3 Feb 2015, 3:03 pm
Using this information, the investigators obtained more search warrants and an eventual arrest warrant, leading up to the moment when the FBI tackled Ulbricht in the Library with the Laptop Forensics Toolkit. [read post]
3 Feb 2015, 6:49 am
Under that view, government taking the data is a search and seizure. [read post]
2 Feb 2015, 12:06 pm
Constitution, which protect citizens’ right to speak and associate anonymously and guard against unreasonable searches and seizures... [read post]
30 Jan 2015, 2:35 pm
Under federal law, police can search people and their property under warrants that turn out to be invalid, as long as they are acting in the good faith belief that the warrants are valid. [read post]
29 Jan 2015, 8:30 am
Kinney, 1998-Ohio-425 (a search warrant authorizing the search of “all persons” on a particular premises does not violate the Fourth Amendment nor the Ohio Constitution. [read post]
28 Jan 2015, 6:13 am
Searches and seizures implicate two distinct interests: a privacy interest affected by a search, and a possessory interest affected by a seizure. [read post]
27 Jan 2015, 12:21 pm
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]
26 Jan 2015, 8:03 am
LaFave, Search and Seizure § 9.3(c) at 510 n. 162 (5th ed. 2012) (collecting cases); United States v. de la Cruz, 703 F.3d 1193 (10th Cir. 2013) (considering a case of this kind and concluding that “[o]nce reasonable suspicion has been dispelled, even a very brief extension of the detention without consent or reasonable suspicion violates the Fourth Amendment”). [read post]
23 Jan 2015, 2:17 pm
Until the legality and acceptable scope of such surveillance is clarified, the StingRay is likely to remain a hidden threat to Fourth Amendment protections against unreasonable searches and seizures. [read post]
23 Jan 2015, 1:00 pm
Constitutional Problems As we’ve argued in our cases challenging bulk collection of phone records and Internet communications, this blanket collection violates the Fourth Amendment’s prohibition against unreasonable searches and seizures. [read post]
23 Jan 2015, 10:18 am
Put simply, the Fourth Amendment protects citizens against unreasonable searches and seizures. [read post]
23 Jan 2015, 8:41 am
Cook County Search and Seizure Any arrest or search of a suspect or his home raises immediate concerns regarding whether the police had the appropriate authority to initiate the arrest or search, and whether the arrest and/or search warrant was lawfully obtained. [read post]
21 Jan 2015, 12:12 am
Absent a “search” (or “seizure”), officers are not restricted by the Fourth Amendment at all. [read post]
20 Jan 2015, 11:25 pm
An unreasonable search or seizure is one that is not based on a valid law. [read post]
19 Jan 2015, 6:55 am
At trial, the judge excluded the blood evidence because it was obtained without warrant, in violation of Schaufele’s 4th Amendment right against unreasonable searches and seizures. [read post]
16 Jan 2015, 7:52 am
In Horne, California farmers seek just compensation for the seizure of part of their raisin crop under USDA “marketing orders,” as the case makes its second trip up from the farm league. [read post]
15 Jan 2015, 8:13 am
Upon concluding that the documents are not privileged and that they are no longer held to provide legal services, a warrant would issue for their seizure. [read post]
12 Jan 2015, 11:25 am
Rep. 807 K.B. (1765), was a major influence on the enactment of the Fourth Amendment, and I assign an edited version of the case in my Criminal Procedure class when we begin our study of search and seizure law. [read post]
9 Jan 2015, 9:45 am
Especially in light of the nature of the search and seizure here, the Google Warrant is not drafted with sufficient particularity. [read post]
6 Jan 2015, 9:01 pm
Some criminals will undoubtedly go free because the Fourth Amendment prohibited unreasonable searches and seizures that would have exposed their crimes, yet we still both prohibit the unreasonable searches and seizures and suppress the fruits of unreasonable searches and seizures that do occur, even at the expense of an occasional prosecution. [read post]
