Search for: "Search/Seizure Warrant"
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7 Mar 2014, 7:50 am
On appeal, the Third Circuit affirmed the denial of the suppression motion.First, the Court held that although a Pennsylvania Magisterial Court Judge is not a judge of a state court of record as Rule 41(b) requires, Rule 41(b) does not apply here because the search was a state search in character: among other things, the search warrant was issued at the request of a state trooper indicating a violation of state law, and federal involvement in the search… [read post]
4 Mar 2014, 1:00 pm
Matlock held Fourth Amendment prohibitions on unreasonable searches and seizures were not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. [read post]
3 Mar 2014, 2:23 pm
However, defendant was not the subject of the warrant and the warrant did not authorize the search or seizure of any person "thereat or therein." [read post]
3 Mar 2014, 12:47 pm
The decision was a bombshell, and its language was sweeping: “We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court. [read post]
28 Feb 2014, 4:34 pm
At no point had the police obtained a search warrant. [read post]
28 Feb 2014, 3:43 pm
Last week, the Massachusetts Supreme Judicial Court ruled that police needed a search warrant to obtain historical cell site records from a cell phone provider. [read post]
26 Feb 2014, 2:48 pm
The post The Power of the Police to Search Your Home and Property: 2 New High Court Opinions On When Police Can Search Without a Warrant in Texas appeared first on Dallas Justice. [read post]
26 Feb 2014, 2:34 pm
The Fourth Amendment forbids unreasonable searches and seizures. [read post]
26 Feb 2014, 8:03 am
My Troutman Sanders colleagues have written before on the continuing judicial wrangling over whether GPS tracking devices, as well as location data maintained by wireless telecom providers, require a warrant before search and seizure by the government. [read post]
26 Feb 2014, 5:12 am
What if the Search and Seizure is Not Suppressed? [read post]
26 Feb 2014, 5:12 am
What if the Search and Seizure is Not Suppressed? [read post]
26 Feb 2014, 5:09 am
Therefore, a search warrant based on probable cause was required. [read post]
25 Feb 2014, 6:21 am
Arizona (384 U.S. 436) when police officer questioned her while she was being detained in her apartment during execution of search warrant; "A jury found the defendant, Ada Mangual, guilty of possession of narcotics with the intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), and possession of narcotics with the intent to sell within 1500 feet of a public school in violation of General Statutes § 21a-278a (b), following a… [read post]
20 Feb 2014, 2:41 pm
Failure to comply with investigatory orders or search warrants is also a criminal offence, with potential penalties of unlimited fines (i.e., in the discretion of the court), imprisonment for up to two years, or both. [read post]
20 Feb 2014, 11:52 am
The two discs and laptop were handed over to the police who searched them without a warrant. [read post]
19 Feb 2014, 7:57 am
United States Supreme Court and Hawaii Supreme Court decisions have diverged in the area of constitutional protections against unreasonable searches and seizures. [read post]
18 Feb 2014, 10:01 pm
Augustine’s lawyers claimed that even if the practice of obtaining records without a warrant was legal under federal law, it violated Article 14 of the Massachusetts Constitution, which bars unreasonable searches and seizures. [read post]
18 Feb 2014, 8:15 pm
The court's decision reversed a 2012 High Court decision in which a chief judge ruled that the warrants were too vague and did not define the parameters of the search and seizure sufficiently. [read post]
18 Feb 2014, 8:15 pm
The court's decision reversed a 2012 High Court decision in which a chief judge ruled that the warrants were too vague and did not define the parameters of the search and seizure sufficiently. [read post]
17 Feb 2014, 4:16 pm
On this thinking, even though the physical device of the phone has been seized, it’s still a seizure to copy and then use the digital evidence in court. [read post]
