Search for: "Search/Seizure Warrant"
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25 Feb 2008, 2:39 pm
Belton, which the state said laid down a bright-line rule allowing police to search a vehicle without a warrant following an arrest of the occupant. [read post]
19 Jan 2011, 11:50 am
Perhaps the distinction is that Diaz arose in the context of a search following a lawful arrest, a situation that has long been viewed as an exception to the warrant requirement, while Warshak did not. [read post]
9 May 2012, 6:11 pm
She surrendered the drugs and the police applied for and obtained a Search Warrant for Laird's home. [read post]
10 Feb 2007, 8:17 am
(Holihan Search [*11] Warrant Aff. [read post]
5 Aug 2010, 2:25 pm
Seizure of inmate mail is not a violation of an inmate's constitutional right to be free from unreasonable search and seizure. [read post]
31 Mar 2010, 1:03 pm
There was no exception to the requirement that the police obtain a warrant prior to seizing and searching the clothes. [read post]
24 Aug 2010, 1:43 pm
There was no warrant for arrest or to search. [read post]
29 Oct 2019, 2:50 am
Without having a warrant to search or arrest, or even probable cause to detain, the police begin to investigate. [read post]
11 Mar 2007, 8:34 am
Two of the warrants applied to Defendant's medical offices, and the third authorized a search of Defendant's residence. [read post]
12 Sep 2012, 5:47 am
State, supra.In ruling on their arguments, the Court of Appeals noted, first, that the 4th Amendment creates a right to be free from “unreasonable” searches and seizures and, second, that “[w]arrantless searches are per se unreasonable unless the State can prove that the search was conducted pursuant to a recognized exception to the warrant requirement. [read post]
11 Jun 2010, 6:31 am
The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. [read post]
17 Oct 2017, 8:41 am
However the flaw in this argument is that there is no power in the criminal courts (whether on a review of the section 8 warrant or on an application under section 59) to quash a warrant or to make any declaration as to the legality of the search or seizure under the warrant. [read post]
22 Jun 2021, 11:31 am
Can Impounded Cars Be Searched Without a Warrant? [read post]
17 Jan 2007, 7:11 am
("[T]he informed and deliberate determinations of magistrates empowered to issue warrants as to what searches and seizures are permissible under the Constitution are to be preferred over the hurried action of officers and others who may happen to make arrests. [read post]
4 Jan 2007, 1:09 pm
Alternatively, the prosecutor may investigate crime by seeking a search warrant from a federal magistrate to permit police officers to conduct a forcible search to locate the desired evidence. [read post]
25 Aug 2021, 9:42 am
The appellate court explained that it is a “fundamental precept that warrantless searches and seizures are per se unreasonable unless they fall within one of the acknowledged exceptions to the Fourth Amendment’s warrant requirement. [read post]
26 Jun 2007, 5:06 am
Officers saw a "bound, motionless body" through a motel room window, and they sought a search warrant, but entered before the warrant issued. [read post]
22 Mar 2011, 1:27 pm
The statement issued by Justice Alito indicates, "Our cases recognize a limited exception to the Fourth Amendment's warrant requirement for searches of businesses in 'closely regulated industries.' . . . [read post]
21 Aug 2020, 6:47 pm
Grounds for Suppressing Surveillance Footage On appeal, the appellate court affirmed the trial court rulings, finding that the surveillance constituted an unreasonable search and seizure. [read post]
28 Apr 2014, 11:01 am
And, as USD law professor Donald Dripps has shown, the seizure of papers for later search for evidence of criminal conduct was the epitome of an unreasonable search and seizure that was closely akin to general warrants. [read post]