Search for: "Search/Seizure Warrant"
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28 Apr 2012, 11:00 am
Cole found this "disturbing" and suggested that it would allow a search warrant to be applied to nearly every person there because they likely had cameras on their cell phones. [read post]
Prosecutors’ Foregone Conclusion Argument Against Fifth Amendment Opposition to Decrypting Computers
23 Mar 2017, 8:34 pm
I would argue that such an order in a search warrant is unwarranted, and that decryption should be a matter to be fully litigated by the parties, and not to be ordered through the one-sided, ex parte nature of a search warrant issuance. [read post]
2 Aug 2020, 10:58 am
’ The [SJC] further ruled that, when a cell phone or other item is seized without a warrant and police later obtain a warrant to search it, the search is unreasonable unless the Commonwealth shows, among other things, ‘that the delay between the seizure and the filing of the application for a search warrant was reasonable. [read post]
28 Jul 2011, 5:46 pm
Under the “border search exception” of United States criminal law, international travelers can be searched without a warrant as they enter the U.S. [read post]
14 Sep 2023, 2:56 pm
Constitution, which protects individuals from unreasonable searches and seizures. [read post]
7 Nov 2013, 2:51 pm
Search and seizure limitations can be determined “either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society. [read post]
3 Aug 2007, 7:53 am
In the district court’s view, the Speech or Debate Clause was not implicated by execution of the search warrant because a seizure of documents did not. ... [read post]
27 Feb 2017, 4:10 am
The Evidence Was Acquired by Illegal Search and Seizure While large amounts of marijuana are usually seized as a result of a warrant issued following an investigation, charges for small amounts of marijuana normally are filed when an officer stops an individual while driving or actually is caught smoking marijuana in public. [read post]
19 Dec 2017, 9:01 pm
Knotts, the Supreme Court held that government tracking of a target’s automobile as it drives through public streets does not qualify as a Fourth Amendment “search” (or “seizure”) triggering warrant, probable cause, or reasonableness requirements. [read post]
1 Feb 2016, 11:16 am
Police are well aware that suspects are most vulnerable when they are on the road due to numerous automobile exceptions to search and seizure rights. [read post]
8 Dec 2014, 2:19 am
And unlike various other forms of searches and seizures, the state Supreme Judicial Court has upheld this statute as constitutional under the Fourth Amendment. [read post]
15 Oct 2021, 6:49 am
Following more package seizures and other incriminating evidence, law enforcement obtained a search warrant of the defendant’s home and storage unit in the fall of 2019. [read post]
28 Feb 2016, 6:44 am
The Apple case is a bit more complex than a simple search warrant of a home where a criminal enterprise is possibly occurring. [read post]
28 Feb 2016, 6:44 am
The Apple case is a bit more complex than a simple search warrant of a home where a criminal enterprise is possibly occurring. [read post]
16 Apr 2015, 11:15 am
Even if the warrantless seizure is justified, the police may not search the device without a warrant based on probable cause – and they certainly may not delete files. [read post]
5 Jul 2018, 3:20 pm
This is because there is no exigent need to search the data on the phone in most cases and there is time to get a warrant once the phone is secured. [read post]
5 Jul 2018, 3:20 pm
This is because there is no exigent need to search the data on the phone in most cases and there is time to get a warrant once the phone is secured. [read post]
23 Jul 2019, 11:38 am
The Fourth Amendment states: 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]
23 May 2011, 5:15 am
As I’ve explained in earlier posts, the 4th Amendment protects us from “unreasonable” searches and seizures. [read post]
7 Apr 2010, 7:10 am
The dissent appears to overlook the first prong of this presumption: a defendant must establish that (1) a search or seizure occurred (2) without a warrant. [read post]
