Search for: "Search/Seizure Warrant"
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18 Mar 2012, 6:43 pm
Consent searches, searches conducted incident to a valid arrest, automobile searches, and searches of items in plain view are also allowed without a warrant. [read post]
18 Mar 2012, 8:38 am
We also benefitted from input by staff from several specialist groups who contributed their expertise before and during the termination phase.” Ten search warrants were executed at addresses across Auckland and equipment including computers and documents were seized for evidential purposes. [read post]
18 Mar 2012, 8:32 am
When an Attleboro criminal defense attorney is able to show authorities lacked an acceptable reason to stop your vehicle, a motion to suppress evidence in Massachusetts can result in a dismissal of the case based on the fact that authorities violated a defendant's Fourth Amendment right to be free from unreasonable searches and seizures. [read post]
16 Mar 2012, 7:28 pm
The Fourth Amendment reads: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]
16 Mar 2012, 4:24 pm
Therefore, not every citizen encounter with law enforcement constitutes a seizure that requires a warrant. [read post]
15 Mar 2012, 2:36 pm
Sheriff deputies were responsible for several violations against minorities, including using excessive force, false arrest, assault, engaging in illegal searches and seizures, false imprisonment, malicious prosecutions, the deaths of two men, the beating of a third, and even the harassment of a fellow deputy and all were targeted "without justification. [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]
13 Mar 2012, 3:42 pm
But probable cause warrants come from traditional suspicion-based investigations. [read post]
13 Mar 2012, 2:09 pm
"Because the government had no justification for the delay and cell phones may contain a great deal of personal information, the continued seizure and search was unreasonable. [read post]
13 Mar 2012, 1:25 pm
The existing computer search provisions of the Act (section 16) would be expanded to give Canadian courts additional powers to issue warrants for enforcement officials to use electronic devices that would, had it not been authorized, constitute an unreasonable search or seizure (presumably an attempted prophylactic measure against possible Constitutional challenges). [read post]
13 Mar 2012, 1:21 pm
The existing computer search provisions of the Act (section 16) would be expanded to give Canadian courts additional powers to issue warrants for enforcement officials to use electronic devices that would, had it not been authorized, constitute an unreasonable search or seizure (presumably an attempted prophylactic measure against possible Constitutional challenges). [read post]
13 Mar 2012, 1:21 pm
The existing computer search provisions of the Act (section 16) would be expanded to give Canadian courts additional powers to issue warrants for enforcement officials to use electronic devices that would, had it not been authorized, constitute an unreasonable search or seizure (presumably an attempted prophylactic measure against possible Constitutional challenges). [read post]
13 Mar 2012, 4:04 am
Weaver, 282 F.3d 302, 309 (4th Cir. 2002) (“[A] ‘seizure’ warranting protection of the Fourth Amendment occurs when ... a reasonable person would not feel free to leave or otherwise terminate the encounter. [read post]
12 Mar 2012, 10:25 pm
(If you want more details, read my recent article Ex Ante Regulation of Computer Search and Seizure.) [read post]
12 Mar 2012, 8:43 pm
., leukemia, Hodgkin's disease, seizure disorder, non-Hodgkin's lymphoma) were diagnosed on the dates stated. [read post]
12 Mar 2012, 3:14 pm
.'No-knock' warrants may mean civil liability for SAPDThe Texas Civil Rights Project won a victory at the 5th Circuit Court of Appeals, which "found that the officers' failure to knock and announce their presence before entering the women's home might have violated their Fourth Amendment rights to be free from illegal search and seizure. [read post]
12 Mar 2012, 7:30 am
The court concluded that seizure of a vehicle for an indeterminate amount of time while the police attempt to obtain a search warrant cannot be constitutionally justified based upon mere reasonable suspicion. [read post]
11 Mar 2012, 9:10 pm
In the meantime, the search warrant issued, and this was an independent basis for the search. [read post]
11 Mar 2012, 5:44 am
LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 8.3(g) at 180 (4th ed. 2004, 2010-11 Supplement) (“Remarkably, the majority in Andrus, on these facts, upheld the search on an apparent authority basis. [read post]
10 Mar 2012, 12:21 pm
At 5:15 p.m., a New Orleans Criminal District Court Magistrate Robert Blackburn signed a warrant authorizing the search of the home, and authorizing the seizure of any drugs, particularly marijuana, or weapons that could be tied to a drug trade. [read post]
