Search for: "Search/Seizure Warrant"
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4 Jun 2012, 5:59 am
"[B]ecause [the carport] was curtilage, it was constitutionally protected area, and the warrantless entry, search and seizure by the agents violated Perea-Rey's Fourth Amendment rights. [read post]
3 Jun 2012, 10:27 am
In any case in which a search warrant has been applied for and executed to search a person, home of vehicle it is imperative to thoroughly review the application for the warrant and the return of the search warrant. [read post]
2 Jun 2012, 9:01 pm
Absent a warrant or exigent circumstances, the law is clear that a motel owner cannot lawfully consent to a search of a guest's room. [read post]
2 Jun 2012, 12:23 pm
See Payton, 445 U.S. at 586 ("It is a 'basic principle of Fourth Amendment law' that searches and seizures inside a home without a warrant are presumptively unreasonable. [read post]
1 Jun 2012, 9:51 am
Before Jones, the DOJ obtained a search warrant to get precise data from phone companies. [read post]
1 Jun 2012, 9:46 am
The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Houston in defending people from drug convictions, including the possession and sale of marijuana. [read post]
31 May 2012, 4:28 pm
Perea-Rey, No. 10-50632 (5-31-12) (Wardlaw with Goodwin and Sessions, D.J.).The 9th finds a violation of the Fourth Amendment when agents entered into a curtilage and conducted a search and seizure. [read post]
31 May 2012, 3:33 pm
Even the police cannot look in or take non-abandoned trash without permission of the owner or a judge who has issued a search warrant. [read post]
31 May 2012, 3:33 pm
Even the police cannot look in or take non-abandoned trash without permission of the owner or a judge who has issued a search warrant. [read post]
31 May 2012, 1:25 pm
Forgetting for a moment that the Fourth Amendment ordinarily requires that the government obtain a warrant before it conducts a search or seizure, particularly of persons in their homes, the agents, pointing their guns at the home, ordered everyone outside. [read post]
31 May 2012, 11:42 am
A federal search warrant was also executed at Meyer’s residence today. [read post]
31 May 2012, 11:28 am
On this record, I find that the delay in executing the warrant did not constitute an unreasonable seizure within the meaning of the Fourth Amendment. [read post]
30 May 2012, 11:54 am
Probable cause in the United States legal system is the standard by which a police officer may make an arrest without a warrant, or conduct a property or person search without a warrant. [read post]
30 May 2012, 5:30 am
The state EPA got a search warrant from the judge overseeing a statewide grand jury, and the search warrant clearly contemplated digital documents which were reasonably seized via seizure of the hard drives rather than an onsite inspection. [read post]
30 May 2012, 4:43 am
Defendant consented to a search of his vehicle and cell phones were seized, and it took a long time for the government to get search warrants for the cell phones, which were evidence of a crime. [read post]
29 May 2012, 9:25 am
" The Court's decision was based, in part, on: • the untruthful testimony of an FBI agent to the grand jury; • the provision of false information in applications for search and seizure warrants; • the improper review of e-mail communications between a defendant and her lawyer; • the failure to comply with discovery obligations and other court rulings; and • other misrepresentations to the Court. [read post]
28 May 2012, 7:07 am
As you may know, the 4th Amendment creates a rightto be free from “unreasonable” searches and seizures. [read post]
27 May 2012, 3:55 pm
A recent US Supreme Court decision involving the suppression of evidence obtained in a criminal prosecution clarifies and reaffirms previous decisions involving the 4th amendment exceptions for warrantless search and seizure. [read post]
25 May 2012, 6:32 am
But when an outstanding arrest warrant is discovered between the illegal stop and the seizure of physical evidence, the importance of the temporal proximity factor decreases. [read post]
25 May 2012, 1:30 am
Constitution states in part that the "right of the people to be secure in their persons . . . against unreasonable searches and seizures, shall not be violated….' Last month's decision by the United States Supreme Court in the case of Florence v. [read post]
