Search for: "Search/Seizure Warrant"
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5 May 2014, 1:05 pm
The scope of a search or seizure goes to its reasonableness, as the example of general warrants indicates. [read post]
23 Apr 2012, 5:19 am
As I’ve noted in earlier posts, the same principle applies to searches and seizures, i.e., either is “unreasonable” and violates the 4thAmendment if it is not conducted pursuant to a warrant or an exception to the warrant requirement. [read post]
28 Jan 2011, 10:45 am
What happens when the usual rules of search and seizure collide with the new world of information in which a tiny phone can hold as much data as a computer? [read post]
15 Mar 2013, 4:30 am
Lawson had encountered [him] several times before and knew he was a probationer subject to search and seizure. [read post]
18 Oct 2016, 6:28 am
After the search and seizure, when they have the nasty goods on the cellphone user, see if the judge lets the criminal go free because the constable leveraged the warrant. [read post]
27 May 2017, 11:28 am
One exception to the search warrant requirement is consent: if a person consents to a search and/or seizure, a search warrant is not necessary. [read post]
6 Jul 2016, 2:21 pm
The Court determined that Fackrell’s actions following the unconstitutional seizure were lawful, deeming the warrant check a “negligibly burdensome precaution for officer safety” and the ensuing search of Strieff a lawful search incident to arrest. [read post]
13 Feb 2012, 5:12 am
According to a news report in The Gloucester County Times, the drug possession charges resulted from a search warrant that was carried out on East High Street in Glassboro. [read post]
24 May 2010, 7:57 pm
This is a good place to start because the arrest warrant is what placed the officers at his home for his arrest and ultimately seizure of his computer. [read post]
25 Oct 2013, 6:04 am
Article 26 describes that warrants that don’t include an oath or an affirmation for search and seizure are grievous and oppressive and all warrants to search that do not name the place or person in particular are illegal and shouldn’t be granted. [read post]
15 Jun 2007, 4:18 am
Via Blawgraphy"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]
9 Nov 2020, 9:00 am
The Fourth Amendment was enacted to promote an individual’s right to privacy and states as follows: “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]
8 Mar 2020, 12:00 am
The post Fourth Amendment | In The Beginning appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale . [read post]
5 Sep 2011, 3:15 pm
They must have a search warrant, signed by a judge. [read post]
18 Apr 2017, 10:41 am
Federal Rule of Criminal Procedure 41 governs procedures related to search warrants and seizures. [read post]
27 Oct 2010, 8:06 am
If a seizure of property (or of a person) occurs, it has to be “reasonable” which, as I’ve noted before, means it has to have been conducted either pursuant to a warrant (a search and seizure warrant for property, an arrest warrant for a person) or to an exception to the warrant requirement. [read post]
18 May 2009, 5:39 am
The mere fact that the officers could have obtained the warrant at an earlier time does not render the search or seizure invalid. 5. [read post]
10 Sep 2009, 11:32 pm
As I've also explained, the default way for a search or seizure to be reasonable is for it to be conducted pursuant to a warrant -- a search and/or seizure warrant. [read post]
14 Jan 2009, 1:16 am
Craig, Assistant Attorney General.Facts/Discussion: Wilson contended that the district court erred when it found that a police officer's use of a patrol car computer to search for outstanding warrants did not constitute search and seizure. [read post]
7 Jun 2020, 7:32 am
Thus, the defendant challenged the requirement as unconstitutional, arguing that it violated his rights against unreasonable search and seizure. [read post]
