Search for: "Search/Seizure Warrant"
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12 Nov 2011, 2:44 pm
Simmons told the officers the gun was in his bedroom and they went in, retrieved it, and arrested him.The circuit found that the officers’ questions to Simmons about the gun were covered by the “public safety” exception to Miranda, but nevertheless, the majority held that the district court erred in finding that there were exigent circumstances supporting the seizure of the gun itself.The court began with the “core premise” that a warrantless search of… [read post]
17 Feb 2016, 9:37 am
In some cases, however the protection against unlawful search and seizure under the Fourth Amendment makes arbitrary car searches by police illegal. [read post]
17 Nov 2009, 5:03 am
His seizure of a glass pipe in plain view was unreasonable. [read post]
17 Nov 2009, 5:03 am
His seizure of a glass pipe in plain view was unreasonable. [read post]
9 Feb 2010, 12:26 pm
Then asks to search you. [read post]
28 Apr 2010, 7:12 am
The defendant's lawyer moved to suppress that evidence on the grounds of illegal search and seizure. [read post]
17 May 2017, 2:30 pm
United States 16-402 Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth Amendment. [read post]
16 Jan 2012, 5:59 am
As I’ve explained in earlier posts, and as Wikipedia notes, consent is an exception to the 4th Amendment’s default requirement that police obtain a search (and seizure) warrant before searching someone’s property and seizing evidence they find there. [read post]
7 Apr 2023, 9:34 am
Can the police search my phone without a warrant? [read post]
23 Sep 2012, 5:28 am
The data, apparently obtained with a phone company’s help, led to a warrantless search of the motor home and the seizure of incriminating evidence.The majority opinion held that there was no constitutional violation of the defendant’s rights because he “did not have a reasonable expectation of privacy in the data given off by his voluntarily procured pay-as-you-go cellphone.”The panel drew a distinction between its ruling and a ruling by the Supreme Court last January in… [read post]
16 Oct 2017, 1:18 pm
United States, the Justices will consider if the warrantless seizure and search of historical cell-phone records, which show the location and movements of a cell-phone user over a period of more than four months, is permitted by the Fourth Amendment. [read post]
19 Aug 2019, 1:57 pm
They also stressed that such actions unreasonably violated the defendant’s Fourth Amendment implicit protections against unreasonable searches and seizures. [read post]
2 Apr 2007, 5:12 am
After the arrest, officers left and got a search warrant for things seen in plain view in the room, and that was a valid independent source for the seizure. [read post]
29 Dec 2010, 12:45 pm
Even if search violated 4th A., good faith exception to warrant applies because TSA officer would not have known search was illegal.McCoy, 35 FLW 2876, 1st DCA, Trafficking in Hydrocodone - Jury Instructions. [read post]
IN: Whether knock-and-announce is required can be determined at the scene; preapproval not mandatory
15 May 2011, 9:19 pm
App. 2010): The major thrust of the defendant's argument is that the Search and Seizure Clause in Article 1, Section 11 should be interpreted to require law enforcement to obtain prior express authorization from the judicial officer issuing the warrant if the grounds for bypassing the knock and announce procedure are based solely upon facts known when the warrant is sought. [read post]
27 Mar 2014, 2:32 pm
The search warrant was executed. [read post]
17 May 2011, 8:32 am
King, which may be read here, in an opinion authored by Justice Samuel Alito, the majority noted the long-established exception to the Fourth Amendment’s requirement that searches and seizures without a warrant are presumptively unreasonable where “the exigencies of the situation make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment. [read post]
3 Feb 2009, 6:42 am
Its seizure could not be successfully challenged by the defendant, so defense counsel could not have been ineffective for not challenging its seizure. [read post]
5 Jan 2012, 9:44 pm
At common law, the law of search and seizure was a defense to a tort suit. [read post]
20 Nov 2017, 4:14 pm
A well-established constitutional rule states that evidence obtained from unlawful searches and seizures cannot be used against the accused. [read post]
