Search for: "Search/Seizure Warrant"
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26 Sep 2007, 4:54 am
In the latter circumstances, the readily mobile nature of the vehicle plainly justifies the seizure only, and not the subsequent search. [read post]
31 May 2017, 8:55 pm
“[T]he objective reasonableness analysis,” the court explained, “must be conducted separately for each search or seizure. [read post]
1 May 2019, 2:43 pm
The city also argued that the warrantless chalking was permitted under by the community caretaker exception to the warrant requirement, an exception that applies when government actors carry out seizures and searches for purposes of public safety rather than to detect and investigate crime. [read post]
24 Aug 2018, 8:43 am
We all remember learning in school the Fourth Amendment is the one which requires police to get a warrant to search your house or arrest you. [read post]
27 Apr 2010, 5:04 am
It appears that both of those laws may be being violated by this search and seizure. [read post]
23 Dec 2020, 1:19 pm
Illegal arrests, searches, and seizures could result in evidence being thrown out of court. [read post]
25 Jun 2013, 6:59 pm
However, not all searches and seizures are prohibited by the Fourth Amendment. [read post]
6 May 2012, 6:30 am
Because there is no legally significant difference between the search and seizure of blood and the search and seizure of urine, the holding in Skinner says yes. [read post]
4 Jan 2011, 2:18 am
The high court held that both the warrantless seizure of the clothes and the warrantless search of them for paint chips were valid as a search incident to lawful arrest. [read post]
22 Sep 2014, 6:03 am
Indeed, this Court has explained, “The basic premise of search and seizure doctrine is that searches undertaken without a warrant issued upon probable cause are `per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions. [read post]
23 Jul 2008, 10:23 am
The court did not go as far as to require police to get a search warrant for IP addressing information and subscriber information. [read post]
26 Jan 2012, 3:32 am
The current view of what constitutes a search or seizure under the 4th Amendment was articulated in 1968 in Katz v. [read post]
9 Jun 2014, 5:56 am
As I have noted, the 4th Amendment creates a right to be free from “unreasonable” searches and seizures. [read post]
25 Aug 2007, 1:00 pm
They should have obtained a warrant, if one would issue in that case [it might have if the private search was used to get the warrant, and PC was shown, and not the view of the police]. [read post]
12 Sep 2011, 6:17 am
Their answer will bring Fourth Amendment law into the digital age, addressing how its 18th-century prohibition of “unreasonable searches and seizures” applies to a world in which people’s movements are continuously recorded by devices in their cars, pockets and purses, by toll plazas and by transit systems. [read post]
22 Jul 2021, 6:05 am
This should help protect agricultural facilities in the State from unauthorized seizures by animal rights organizations, but may not be protective if local law enforcement engages such entities to assist in alleged animal cruelty investigations pursuant to valid search warrants. [read post]
18 Jun 2010, 5:33 am
In the realm of defining reasonable searches and seizures, no meaningful or relevant difference exists between the grant of authority to order an occupant of a vehicle to exit the vehicle and the authority to open the door as part of issuing that lawful order. [read post]
19 Apr 2010, 9:28 am
Constitution and Article I, section 7 of the Tennessee Constitution protect against warrantless search and seizures, including the curtilage of the home, which is defined as any area adjacent to a residence in which an individual can reasonably expect privacy. [read post]
1 Oct 2009, 2:37 pm
September 28, 2009).* A search warrant was executed for a stolen Caterpillar 246 Turbo skid loader and documents relating to it. [read post]
9 Nov 2011, 6:48 am
Yesterday the Supreme Court heard argument in an important case that confronts how to apply Fourth Amendment’s protections against unreasonable searches and seizures to new technologies. [read post]