Search for: "Search/Seizure Warrant"
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22 Feb 2013, 6:49 am
The judge began his opinion by noting that the defendant has the`burden of showing a constitutional infirmity if a search or seizure was carried out pursuant to a warrant. [read post]
22 Feb 2013, 5:54 am
The facts of this case, with the correct application of the existing law, suggest that the search and seizure of the cell phone at the scene of the arrest were carried out appropriately and within the limits of the law articulated by the Supreme Court in Caslake [read post]
20 Feb 2013, 9:00 am
The policies comply with the Fourth Amendment, which protects against unreasonable searches and seizures, because “[t]he overall authority to conduct border searches without suspicion or warrant is clear and longstanding, and courts have not treated searches of electronic devices any differently than searches of other objects. [read post]
20 Feb 2013, 8:10 am
Normally, police can use a drug-sniffing dog without having to get a search warrant from a judge--especially if the officers are in the field and having to get a warrant would frustrate the investigation. [read post]
20 Feb 2013, 1:32 am
An article in the New York Times about ACLU challenges to these seizures is interesting. [read post]
18 Feb 2013, 5:00 pm
The framework of reasonableness The Fourth Amendment prohibits unreasonable searches and seizures. [read post]
18 Feb 2013, 4:37 am
Constitution creates a right to be free from “unreasonable” searches and seizures, and to be “reasonable” a “search” or “seizure” must either be conducted pursuant to a valid search (and/or seizure) warrant or pursuant to an applicable exception to the warrant requirement that the officers can rely upon. [read post]
15 Feb 2013, 1:26 pm
” The statute does not also require that the officer be conducting a search, seizure, or arrest at the time of the assault. [read post]
14 Feb 2013, 1:31 pm
Without consent or a search warrant, there was no valid basis for the search. [read post]
13 Feb 2013, 11:59 am
The Fourth Amendment to the United States Constitution forbids unreasonable searches and seizures. [read post]
13 Feb 2013, 4:59 am
A search or seizure conducted by a private citizen is not a `search or seizure’ within the meaning of the 4th Amendment. . . . [read post]
8 Feb 2013, 7:07 am
The ACLU represents him in a federal lawsuit seeking to enforce a reasonable suspicion standard for border searches and seizures so that such violations of privacy and free expression don’t happen again. [read post]
6 Feb 2013, 9:09 am
Under this constitutional guarantee, we are protected from unreasonable searches and seizures, and police officers seeking to perform such searches must establish probable cause. [read post]
6 Feb 2013, 6:05 am
As I’ve noted in earlier posts, and as Wikipedia explains, consent is an exception to the 4thAmendment’s default requirement that law enforcement officers obtain a valid search warrant (actually, a search and seizure warrant) before they search someone’s property and seize any evidence found on or in it.As a federal Court of Appeals explained in a recent opinion, the 4th Amendment protects`[t]he right of the people to be secure… [read post]
3 Feb 2013, 8:36 pm
This could amount to the sort of unreasonable searches and seizures that are protected against by the Fourth Amendment. [read post]
2 Feb 2013, 7:18 am
A federal judge deemed part of the New York Police Department’s (NYPD) stop-and-frisk practice was unconstitutional, violating the Fourth Amendment protection against unreasonable search and seizure, focused on police stops conducted in front of several thousand private residential buildings in the Bronx enrolled in the Trespass Affidavit Program. [read post]
1 Feb 2013, 10:09 am
Further, the test for determining if a search and seizure was based on a valid consent by a person who has been unlawfully arrested was set forth in People v. [read post]
1 Feb 2013, 7:09 am
If the officer has obtained a search warrant, that search warrant must be appropriately signed by a Judge with the correct information of the items or places to be searched and the reason for the search. [read post]
31 Jan 2013, 9:03 am
Attorneys for the defendants filed a motion to suppress the evidence obtained in that video, which would have all but derailed the case - on the grounds that it violated the Fourth Amendment clause protecting against unlawful searches and seizures. [read post]
31 Jan 2013, 2:51 am
The family then filed a suit against the police department, claiming that the officers who pushed their way into the house broke the law by engaging in an unreasonable search and seizure. [read post]
