Search for: "Search/Seizure Warrant"
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25 Oct 2008, 6:32 pm
Here, Buie is inapplicable because the seizure was clearly unlawful--as noted above, the agents violated Payton when they seized Montgomery at his home without a warrant and in the absence of exigent circumstances. [read post]
5 Aug 2015, 10:06 am
Fourth Amendment Concerns Section 603 not only chills lawful speech, it also tries to evade constitutional barriers that protect against unreasonable searches and seizures of private communications by the government. [read post]
24 Mar 2008, 5:27 am
The information acquired by search warrant in this case is different from the information collected in Tweel where the Defendant consented to a search thereby prejudicing his right to be free from unreasonable search and seizure. [read post]
14 Nov 2009, 4:55 am
In the context of automobile searches, the most frequently found exceptions to police needing a warrant include: 1) Search of vehicle after arrest. [read post]
14 Aug 2022, 6:02 am
But we can infer from the granting of the warrant that a magistrate judge, at least, believes it meets the probable cause standard governing all federal searches and seizures. [read post]
10 Jan 2012, 4:56 pm
In every case involving search warrants in drug cases, the application for the search warrant should be scrutinized extremely carefully for any deficiencies. [read post]
20 Jul 2007, 7:24 am
Search incident seizure of a cellphone was justified by probable cause. [read post]
26 Apr 2007, 2:16 pm
Warrant for seizure of "electronic equipment" included a tape recorder and the tape in it. [read post]
9 Apr 2020, 7:54 am
Not all searches and seizures are banned, but just the "unreasonable" ones; and the warrant/probable cause provision doesn't mandate warrants or probable cause, but only requires that a warrant be based on probable cause. [read post]
1 Jan 2009, 7:35 am
Administrative search warrant for animal control violations was issued with probable cause and was sufficiently particular for "animals" in violation of law. [read post]
25 Jul 2012, 3:40 pm
The legality of a search and seizure frequently determines the outcome of a criminal prosecution. [read post]
28 Nov 2016, 11:30 am
Generally, searches and seizures that are made without a warrant are unconstitutional. [read post]
28 Nov 2016, 11:30 am
Generally, searches and seizures that are made without a warrant are unconstitutional. [read post]
25 Dec 2010, 3:51 am
A search warrant was ultimately issued for defendant’s property. [read post]
23 Aug 2009, 4:02 pm
If someone were arrested for a traffic violation, for example, the police can't conduct a general search of the vehicle without first obtaining a warrant. [read post]
14 Aug 2012, 11:42 am
Under the Constitution, all warrants issued must be supported by probable cause and must describe the places and things to be search with specificity. [read post]
23 Feb 2016, 4:10 am
Based upon the existence of the warrant, they arrested him and searched. [read post]
18 Jun 2011, 6:00 am
In a rare judicial conclusion, and a reaffirmation of the risk of a “judge as rubber stamp,” a state search warrant in a multi-hundred thousand pill MDMA search was found based on mere conclusions of the officer and was suppressed for a failure to show probable cause. [read post]
12 Jun 2009, 5:53 am
Defense counsel was not ineffective for not raising the alleged forgery of the search warrant in the suppression hearing. [read post]
24 Feb 2012, 9:49 am
As I’ve also noted, the 4th Amendment creates a default preference for warrants, which means that searches and seizures should, whenever possible, be conducted pursuant to a warrant. [read post]
