Search for: "Search/Seizure Warrant"
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27 Aug 2009, 2:27 am
Here's the summary of the holding by Kozinski:When the government wishes to obtain a warrant to examine a computer hard drive or electronic storage medium in searching for certain incriminating files, or when a search for evidence could result in the seizure of a computer, see, e.g., United States v. [read post]
1 Dec 2013, 4:00 am
The warrant did not specifically refer to computers or authorize the search of computers. [read post]
22 Sep 2011, 4:38 pm
A warrant? [read post]
21 Aug 2015, 3:00 am
It has filed a lawsuit arguing that the warrant was unsupported by probable cause and that the police should pay damages and receive remedial search and seizure training. [read post]
19 May 2007, 12:46 pm
Having failed to do so, they violated defendant's Fourth Amendment right against unreasonable search and seizure, the remedy for which is suppression. [read post]
1 Jun 2007, 6:29 pm
IF THIS COURT SUPPRESSES THE EVIDENCE FROM THE WARRANTLESS SEARCH AND SEIZURE, DID THE LOWER COURT ERR BY FAILING TO ADDRESS OR SUPPRESS BLOOD AND DNA EVIDENCE GAINED BY A SEARCH WARRANT ISSUED ON TAINTED EVIDENCE AND MATERIAL MISREPRESENTATIONS? [read post]
4 Oct 2010, 1:11 pm
The girl's mother filed a civil rights complaint, arguing the seizure and interrogation of the girl without probable cause, a warrant, or consent violated the girl's Fourth Amendment rights. [read post]
9 Jun 2011, 6:24 am
Constitution says “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]
15 Feb 2012, 10:34 am
Law enforcement in this case did obtain a warrant but it required them to install the GPS within 10 days of the warrant. [read post]
15 Oct 2014, 2:56 am
Therefore, a defendant in a Massachusetts state court theoretically has more privacy protection under the state constitution, and is often more successful in defending him/herself against warrantless searches and seizures by law enforcement. [read post]
8 May 2017, 2:05 pm
As a result of the seizure of this evidence, officers went to Jim’s Pawn Shop and obtained (1) a copy of the Beretta pistol purchase receipt that they had seized under the search warrant, and (2) the defendant’s ATF (federal Alcohol, Tobacco, and Firearms Bureau) application to purchase the Beretta weapon. [read post]
25 Feb 2008, 6:22 am
We know of no broad application of the vehicle search exception to the warrant requirement, however, that underwrites the search of a person who occupied the vehicle prior to the dog sniff. [read post]
20 Jun 2006, 2:19 pm
" "The knock-and-announce rule, under which police are required to wait before entering a suspect's residence, "has never protected … one's interest in preventing the government from seeing or taking evidence described in a [search] warrant," Scalia wrote. [read post]
15 Jul 2011, 10:55 am
A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps. [read post]
4 Mar 2010, 5:15 am
March 1, 2010).* A firearm found during execution of a valid search warrant was in plain view and it would be temporarily secured. [read post]
11 Aug 2007, 9:34 am
IV (providing protection from "unreasonable searches and seizures"); Stoneking II, 882 F.2d at 726-27 (holding that a student has a Fourteenth Amendment due process right to be free from intrusions of his bodily integrity, including "a right to be free from sexual assaults by his or her teachers"). [read post]
27 Jan 2011, 5:46 am
The cornerstone of personal rights for an individual charged with a criminal offense or drunk driving can be found in the 4th, 5th and 6th Amendments to the United States Constitution.4th Amendment: Right to Be Free From Unreasonable Search and SeizureThe 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… [read post]
18 Aug 2010, 9:59 am
Likewise, a person has a clearly established right to be free from unreasonable searches, including a warrantless search in the absence of exigent circumstances or some other warrant exception. [read post]
28 Jul 2008, 7:23 pm
Furthermore, does the warrant even authorize a search of the computer and/or additional seized media post-seizure? [read post]
3 Mar 2010, 10:10 am
Robert Leahy Powell: The CCA upheld the seizure of two safes that were not described in a search warrant even though the scope of the warrant would have necessarily authorized a search inside the safes for forged checks. [read post]
