Search for: "Search/Seizure Warrant"
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12 Aug 2013, 5:09 am
(Police did not use a search warrant to get the phone records, which would clearly have satisfied the 4thAmendment. [read post]
11 Aug 2013, 3:18 pm
Briefly stated, the three named criminal defendants and one man were jointly charged with the cocaine possession and other contraband recovered by police who entered the man's apartment under authority of a defective search warrant. [read post]
8 Aug 2013, 7:41 pm
There is no difference between what the NSA is doing then a random and unwarranted search of your house, for no reason and with no search warrant, which results in no arrests because the victim is a law abiding citizen. [read post]
8 Aug 2013, 7:41 pm
There is no difference between what the NSA is doing then a random and unwarranted search of your house, for no reason and with no search warrant, which results in no arrests because the victim is a law abiding citizen. [read post]
31 Jul 2013, 2:02 pm
The Fifth Circuit, which has the final word on matters of Federal law in Texas, held that warrantless access to such information by police is not a violation of the Fourth Amendment's prohibition against unreasonable search and seizure. [read post]
31 Jul 2013, 8:02 am
The Fifth Circuit, which has the final word on matters of Federal law in Texas, held that warrantless access to such information by police is not a violation of the Fourth Amendment’s prohibition against unreasonable search and seizure. [read post]
31 Jul 2013, 8:02 am
The Fifth Circuit, which has the final word on matters of Federal law in Texas, held that warrantless access to such information by police is not a violation of the Fourth Amendment’s prohibition against unreasonable search and seizure. [read post]
31 Jul 2013, 5:09 am
The government introduced evidence of common search terms associated with child pornography, which were included in many of the file names found on the laptop. t Gilmer also testified that during the ten days prior to the laptop's seizure, specific images in the FrostWire shared folder had been accessed 209 times, with 173 of the images containing terms indicative of child pornography in their titles. [read post]
29 Jul 2013, 9:46 am
The question is whether the search and seizure was reasonable. [read post]
23 Jul 2013, 4:16 pm
Exceptions to the Need for a Police Search Warrant Consent is an "Exception" to the general rules governing search and seizure. [read post]
21 Jul 2013, 10:44 am
Will be subject to warrantless searches and seizures of his/her person and belongings for illegal drugs/alcohol and/or weapons. 10. [read post]
21 Jul 2013, 10:44 am
Will be subject to warrantless searches and seizures of his/her person and belongings for illegal drugs/alcohol and/or weapons. 10. [read post]
21 Jul 2013, 8:17 am
Here's the relevant language in Texas' foundational document, found in Article I, Section 9: "The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation." [read post]
19 Jul 2013, 9:17 am
Despite the similarity in language, the protections against unreasonable searches and seizures “are not always coterminous. [read post]
19 Jul 2013, 5:14 am
As I noted in a recent post, the 4thAmendment creates a right to be free from “unreasonable” searches and seizures; “reasonable” searches and seizures are conducted either pursuant to a warrant or to an exception to the warrant requirement. [read post]
17 Jul 2013, 5:19 am
As I have explained in other posts, to be “reasonable” a search/seizure has to be conducted (i) pursuant to a valid search (and seizure) warrant or (ii) pursuant to one of the exceptions to the warrant requirement, which includes consent. [read post]
16 Jul 2013, 6:55 am
Law enforcement must have probable cause to obtain a search warrant. [read post]
13 Jul 2013, 12:04 pm
Second, that "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]
12 Jul 2013, 7:06 am
Months later, a search warrant was obtained to search the phone again. [read post]
12 Jul 2013, 5:07 am
If law enforcement went further, then the additional searches and seizures would implicate the 4th Amendment and would have to be justified by a warrant or an exception to the warrant requirement. [read post]
