Search for: "Search/Seizure Warrant"
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10 Mar 2012, 6:32 am
See 2 LaFave, Search and Seizure, §4.9(a) ("Sometimes the search warrant which is being executed will describe not only certain premises but also a person. [read post]
9 Mar 2012, 6:13 am
That is not a valid reason for a nighttime search warrant. [read post]
8 Mar 2012, 3:02 am
That was support for a search warrant. [read post]
7 Mar 2012, 6:01 am
LaFave, Search and Seizure § 1.4(e) (4th ed. 2004). [read post]
5 Mar 2012, 12:30 pm
Police executed a search warrant after making several undercover purchases from a resident of the apartment. [read post]
5 Mar 2012, 7:29 am
CCRP 101 Abolition of coroner’s jury and inquest; investigation by coroner CCRP 102 Autopsy CCRP 103 Subpoena of witnesses; testimony; subpoena duces tecum; issuance CCRP 104 Employment of expert assistants CCRP 105 Coroner’s report; admissibility in evidence CCRP 106 Arrest of criminal suspect CCRP 131 Duties and powers CCRP 161 Property subject to seizure CCRP 162 Issuance of warrant; affidavit; description CCRP 162.1 Warrant issued upon… [read post]
5 Mar 2012, 4:23 am
., 468 U.S. 796 (1984), the 4th Amendment exclusionary rule encompasses “primary evidence obtained as a direct result of an illegal search or seizure” and also extends to the indirect product of such unconstitutional conduct. [read post]
4 Mar 2012, 12:39 pm
Even if the warrant is valid by probable cause, there are other factors that could cause the fruits of that warrant, either a search, seizure, or arrest, to be invalid. [read post]
3 Mar 2012, 9:02 pm
.* In an Anders brief, the search warrant was valid. [read post]
2 Mar 2012, 8:07 am
After Millender sued the officers, including Messerschmidt, under 42 U.S.C. section 1983, alleging that the officers subjected them to an unreasonable search and seizure under the Fourth Amendment, the officers claimed qualified immunity. [read post]
1 Mar 2012, 8:21 am
In the area of search and seizure, the fundamental protection is found in the Fourth Amendment of the United States Constitution: 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… [read post]
1 Mar 2012, 7:19 am
--The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized. [read post]
1 Mar 2012, 4:27 am
The principals in a business subjected to a search warrant had “standing” (which the court notes was a word rejected by SCOTUS). [read post]
29 Feb 2012, 10:03 pm
In all other circumstances the officers must get a search warrant to search a third party's residence. [read post]
29 Feb 2012, 9:14 am
(For details, read our website resource article on search and seizure.) [read post]
29 Feb 2012, 4:48 am
In most circumstances, searches and seizures conducted without a warrant are "per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions. [read post]
28 Feb 2012, 7:34 am
I believe the Court is simply making the law in the area of Fourth Amendment searches and seizures unnecessarily confusing, by raising an issue that nobody had thought about for half a century. [read post]
28 Feb 2012, 5:12 am
Defendant has the burden of showing that there was no probable cause for issuance of a search warrant, and there was. [read post]
27 Feb 2012, 11:56 pm
The search warrant authorized the seizure of all guns and all gang-related materials, even though, while the defendant was a gang member, the evidence was that the assault on Kelly was not gang related and only one specified gun was involved. [read post]
27 Feb 2012, 7:34 am
The plaintiffs allege that the 2004 version of the law violates the Fourth Amendment’s guarantee of freedom from unreasonable search and seizure. [read post]
