Search for: "Search/Seizure Warrant"
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10 Aug 2008, 2:08 pm
May 23, 2008).* Government did not exceed defendant's wife's private search of his child porn under Jacobsen when they got his computer and DVDs and got a warrant and searched them later. [read post]
10 Dec 2010, 5:59 am
Massachusetts Courts provide great protections against unlawful Searches and Seizures. [read post]
9 Jul 2009, 11:47 am
The photos were used to obtain a search warrant. [read post]
7 Jan 2010, 12:20 pm
If a person is arrested on a 3 year old theft warrant, is the remote chance that there will be physical evidence in that vehicle at the point of arrest a sufficient basis to outweigh a person's Constitutional right to be free from unreasonable searches and seizures? [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]
11 Sep 2018, 1:03 pm
In his argument, he stated that the lack of a warrant was a violation of his Fourth Amendment right against unreasonable searches and seizures. [read post]
11 Sep 2018, 1:03 pm
In his argument, he stated that the lack of a warrant was a violation of his Fourth Amendment right against unreasonable searches and seizures. [read post]
21 Mar 2012, 5:55 am
As I’ve explained in earlier posts, and as Wikipedia notes, consent is an exception to the 4th Amendment’s default requirement that law enforcement officers obtain a search (and seizure) warrant before they search a place or a thing and seizing evidence they find there. [read post]
8 Nov 2011, 1:38 pm
Jones’ lawyer focused on whether installation of the GPS device on Jones’ Jeep was a “search” or a “seizure,” betting that the court might want to decide the case on that narrow question. [read post]
11 Oct 2011, 2:15 pm
If the Supreme Court upholds the decision of the Circuit Court for the District of Columbia, Maryland search and seizure law will change. [read post]
18 Nov 2019, 6:00 am
” The Supreme Court generally views searches conducted without a warrant as per se unreasonable. [read post]
31 Dec 2019, 12:10 pm
They include: A seizure after the execution of ta search under a search warrant or an arrest; The property was meant to already be in the possession of the state; The seizure falls under an administrative inspection warrant such as when an inspector is investigating a housing code violation; Probable cause that the property was or will be used illegally exists; Probable cause exists that the property is hazardous to safety or public health. [read post]
28 Apr 2011, 2:26 pm
LaFave, Search and Seizure, § 1.6 at 40-41 (rev. 4th ed. [read post]
25 Aug 2014, 3:06 pm
The Court upheld the seizure as valid under the Fourth Amendment, as well as Article I, section 9, of the Oregon Constitution, which makes warrantless entries and searches unreasonable unless one of a few narrow exceptions applies. [read post]
7 Nov 2016, 7:22 pm
Given the likely scenario that the FBI Agents charged with analyzing the laptop did not have authority to review data other than that specified in the search warrant, some semblance of the Clinton/Abedin emails were probably active data “in plain view” during the review of the Weiner laptop computer, which triggered the heightened scrutiny and the need for a new search warrant. [read post]
8 Jun 2011, 1:50 pm
You know, like no unreasonable search and seizure. [read post]
29 Jul 2010, 1:13 pm
In that spirit, the Fourth Amendment to the Constitution was ratified: The 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]
28 Apr 2012, 1:55 pm
The phrase "probable cause" inescapably alludes to a specialized legal concept associated with the constitutional prohibition (in both the Oregon and United States constitutions) against unreasonable searches and seizures, and its use in ORS 133.726(7)(b) appears to confirm that the entir provision, including the "exigency" wording, was intended as a reference to the familiar "probable cause plus exigent circumstances" exception to the warrant… [read post]
14 Jul 2010, 8:15 am
[citing cases] The issuing magistrate had a factual basis for issuing the search warrant for child pornography on defendant’s computer and cameras in his room involving his grandchildren. [read post]
4 Jun 2009, 5:08 am
The car was towed and a search warrant was obtained. [read post]
