Search for: "Search/Seizure Warrant"
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10 May 2007, 2:27 pm
Animal control officers entered the curtilage without a warrant claiming plain view. [read post]
3 Feb 2016, 1:09 pm
The idea is that when there is a complicated path from an illegal search or seizure to the discovery of evidence, the evidence should be subject to suppression when the illegal search or seizure was the proximate cause of the discovery of the evidence. [read post]
30 Jan 2021, 2:38 pm
Constitution, in order to be constitutionally reasonable a search must be justified by a search warrant unless it falls within a well-recognized exception to the search warrant requirement. [read post]
29 Aug 2011, 2:23 pm
At issue is a Jan. 31, 2006 lawsuit, and others that followed, alleging violations of the Fourth Amendment right to be free from warrantless searches and seizures. [read post]
27 Jan 2008, 7:11 am
Thus, while the district court may well be correct in its conclusions about deterrence in this case, under Gutierrez II, the relevant question is not the degree of deterrence; it is whether a defendant's right to be free from unreasonable searches and seizures has been violated. [read post]
18 Jun 2011, 6:27 am
The fact that the arrest, search, or seizure may have violated state law is irrelevant .... [read post]
1 Aug 2009, 10:07 am
"The police may ask people, who have legitimately been stopped, for identification without conducting a Fourth Amendment search and seizure. [read post]
17 Jul 2009, 10:41 am
The United States Supreme Court and the Massachusetts Supreme Judicial Court have both held "hunches" do not provide a legal basis for searches and seizures. [read post]
23 Jun 2014, 10:56 pm
A quick response from me (that is, Orin Kerr): A simple rule to deal with this problem would be that the government cannot obtain a second search warrant to search contents seized under a first warrant. [read post]
30 Mar 2007, 4:13 am
Similarity between defendant and his brother led police to detain them while they sorted out which was which, and that led to a search of the one without a warrant producing paraphernalia. [read post]
3 Jan 2012, 7:50 am
He challenged this search and seizure as not consistent with the Fourth Amendment. [read post]
25 Mar 2018, 9:01 pm
Constitution provides that “[t]he 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]
25 Mar 2018, 9:01 pm
Constitution provides that “[t]he 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]
7 Jul 2014, 6:06 am
Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures. [read post]
16 Jul 2007, 4:22 am
.* A forfeiture warrant in Texas can be a search warrant which "in Texas is defined as a 'written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same.'" Claimant's shotgun attack on the warrant and seizure is rejected. [read post]
8 Jul 2011, 1:46 pm
The Fourth Amendment of the United States Constitution protects Americans from unlawful searches and seizures. [read post]
22 Oct 2009, 1:09 pm
To challenge the search and seizure of contraband in a private home, a criminal defense attorney must generally be able to argue that the warrant which authorized the search (if there was one) was not supported by probable cause, that police exceeded the scope of the warrant or that the warrant was somehow defective on its face. [read post]
19 Feb 2009, 3:44 am
An arrest is a seizure of a person, and going through an arrestee's pockets is a search. [read post]
21 Mar 2009, 7:13 am
"However, even after excising the false statements from the affidavit, this Court finds that probable cause still exists in the search warrant. [read post]
27 Jun 2023, 1:48 pm
This blog provides some highlights from the search and seizure section of the Bulletin. [read post]
