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28 Nov 2011, 11:19 am
Weighing in as an amicus in support of the Millenders, the ACLU argues that Malley effectively balances society’s interest in being free from searches and seizures conducted without probable cause with that of allowing police to reasonably rely on judicial warrants without fearing personal liability. [read post]
18 Jul 2012, 2:27 am
However, as we pointed out in our January 2012 coverage, the justices disagreed amongst themselves about why it violated the Fourth Amendment, which protects citizens against unreasonable searches and seizures. [read post]
20 Jun 2011, 5:58 am
Mangual ("On appeal, the defendant claims that (1) the court improperly denied her motion to suppress a statement that she made to police during the execution of a search and seizure warrant, and (2) her constitutional right to present a defense was violated when the court precluded her from introducing evidence of third party culpability. [read post]
8 May 2012, 1:56 pm
Prosecutors seeking the data failed to get a court warrant based on probable cause, making an order they obtained earlier a violation of federal law and the Constitution's prohibition against unreasonable searches and seizures, the Twitter brief argued. [read post]
13 Jan 2019, 11:15 am
Through a series of search warrants, subpoenas, equipment seizures, and cooperating witnesses, the federal government has collected internal WikiLeaks data covering the majority of the organization’s period of operations, from 2009 at least through 2017…” [read post]
14 Mar 2012, 6:56 am
The Table of Contents for Volume 71 are as follows: Adequacy of Defense Counsel’s Representation of Criminal Client Regarding Search and Seizure Issues—Pretrial Motions—Suppression Motions Where No Warrant Involved Construction and Application of Self-Protection or Self-Defense Exception to Attorney-Client Privilege Validity of State and Municipal Indecent Exposure Statutes and Ordinances Construction and… [read post]
11 Dec 2009, 7:18 am
Statute is not applicable where petition neither cited the statute nor alleged that, in committing the theft, the juvenile used or possessed a firearm.Carter, 34 FLW 2444, pg. 2446-7, 4th DCA, Language about suppressing photo lineups, found for the state, may want to save in files.Carter, 34 FLW 2466, search and seizure - prescription records. [read post]
21 Feb 2008, 8:53 pm
Petitioner asserts that the transcript contains information supporting his claim that he was subjected to an unconstitutional search and seizure. [read post]
20 Aug 2009, 12:20 am
The Council on American-Islamic relations issued a press release calling the decision "a victory for all Americans who value the constitutional rights to due process and freedom from unreasonable search and seizure. [read post]
7 Jan 2009, 5:22 am
Weaver, 282 F.3d 302, 309-10 (4th Cir. 2002)* (unpublished): [g]enerally speaking, a "seizure" warranting protection of the Fourth Amendment occurs when, in view of the totality of the circumstances surrounding the "stop," a reasonable person would not feel free to leave or otherwise terminate the encounter. [read post]
14 Mar 2011, 3:43 pm
For instance, though the Fourth Amendment prohibits unreasonable searches and seizures, it does not explicitly outlaw the use of thermal imaging devices on one's home without a warrant (Kyllo v. [read post]
23 Jun 2011, 2:41 am
” As you can see, we’re working on a eulogy for the Fourth Amendment, the part of the Constitution guarding against “unreasonable searches and seizures” — in effect, a privacy provision. [read post]
10 Jan 2011, 7:04 am
We’ve teamed up with Gordon Mehler to teach a course called “Search and Seizure in 60 Minutes. [read post]
18 Jun 2012, 5:19 am
” Seizure of a computer, camera, CDs, DVDs, and storage media were permitted, but male enhancement lotion was not. [read post]
28 Mar 2014, 9:05 am
GIVE ME BACK MY BOOKS AND RECORDS: APPLICATION OF RULE 41(G) IN RESPONSE TO FEDERAL SEARCH AND SEIZURE WARRANTS HOT ISSUES IN CIVIL ASSET FORFEITURES THE BOARD’S ROLE IN ANTI-CORRUPTION COMPLIANCE: GUARDIAN AND GUIDE SEC ARGUES FOR BROAD CONSTRUCTION OF DODD-FRANK ACT WHISTLEBLOWER ANTI-RETALIATION PROVISION DOES THE GREEN LIGHT MEAN GO? [read post]
2 Jul 2010, 3:39 am
LEXIS 76 (June 25, 2010).* The search warrant here was issued with probable cause on the totality of circumstances. [read post]
26 Sep 2011, 4:11 am
September 20, 2011) (unpublished).* Defendants’ Franks challenge based on records that the government had not yet seen when the search warrant affidavit had been presented to the USMJ was unavailing because the government did with withhold the information. [read post]
18 Jun 2007, 8:08 am
The Sixth Circuit, in today's ruling, provides the following summary of its holdings: "On remand, therefore, the preliminary injunction shall allow seizures of e-mail in three situations: (1) if the government obtains a search warrant under the Fourth Amendment, based on probable cause and in compliance with the particularity requirement; (2) if the government provides notice to the account holder in seeking an SCA order, according him the same judicial review he… [read post]
28 May 2011, 1:23 pm
“Is the destruction of the people’s Fourth Amendment rights a reason for them to approach the grand jury, or are the people willing to ‘be deprived of the Fourth Amendment’s protection against ‘unreasonable searches and seizures’ enjoyed to at least some degree by people in other states and under federal law? [read post]
13 Jan 2010, 3:24 am
Further, referring to Lord Justice Ward's suggestion that search and seizure warrants should be used to obtain documents, he says that this is a "costly fiction" that "would draw out litigation and result in yet more of the assets on the table going to the lawyers". [read post]
