Search for: "Search/Seizure Warrant"
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19 Dec 2011, 7:00 pm
The motion to suppress explains:"The affidavit provided to Judge Katz in support the respective applications for search and seizure warrants failed to establish probable cause to permit the searches authorized. [read post]
16 Dec 2011, 12:04 pm
We were ready to explain why the Fourth Amendment’s prohibition on unreasonable searches and seizures forbids the government from obtaining cell phone location information without a warrant. [read post]
16 Dec 2011, 10:25 am
As I’ve noted in earlier posts, the 4th Amendment creates a right to be free from “unreasonable” searches and seizures; and to be “reasonable,” a search or seizure must be conducted pursuant to a search warrant or to an exception to the warrant requirement. [read post]
16 Dec 2011, 3:26 am
Gant, which pared back the search-incident-to-arrest exception to the warrant requirement insofar as it applies to vehicle searches. [read post]
15 Dec 2011, 3:13 pm
And to remember why we have them.Dust them off, polish them up.Let's see if we can make them shine.Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.Amendment IIA well regulated militia, being necessary to the security of a free state, the right of the people… [read post]
15 Dec 2011, 7:40 am
" The Court's decision was based, in part, on: the untruthful testimony of an FBI agent to the grand jury; the provision of false information in applications for search and seizure warrants; the improper review of e-mail communications between a defendant and her lawyer; the failure to comply with discovery obligations and other court rulings; and misrepresentations to the Court. [read post]
15 Dec 2011, 6:19 am
District Court for the District of Colorado found for Mink in his action under 42 U.S.C. sec. 1983 that his Fourth Amendment rights were violated by an illegal search and seizure of his home computer and written materials arising from a criminal libel probe based on comments about a professor that appeared in The Howling Pig. [read post]
14 Dec 2011, 12:15 pm
He cited false statements that an FBI agent made to the grand jury and false information in affidavits submitted by the government for search-and-seizure warrants, among other wrongdoing. [read post]
14 Dec 2011, 9:34 am
The federal constitution protects against unreasonable search and seizure. [read post]
12 Dec 2011, 7:28 am
In his remarkable order dismissing the charges, Judge Matz acknowledged that “most district judges are reluctant to find that the prosecutors’ actions were flagrant, willful, or in bad faith,” but he concluded that “it is with deep regret that this Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for… [read post]
11 Dec 2011, 8:47 am
Issuance of search warrants. [read post]
11 Dec 2011, 5:52 am
Any remaining privacy interest that the defendants had was minimal, and, as we discuss below, was protected by the subsequent warrant obtained prior to the Government’s search. [read post]
9 Dec 2011, 2:41 pm
This fact, however, was highly material to the search, which authorized the seizure of evidence relating to the April 21 shooting. [read post]
9 Dec 2011, 4:26 am
Administrative searches are exempt from the warrant and probable cause requirements if they are reasonable. [read post]
9 Dec 2011, 3:45 am
In short, the search warrant is sufficiently particular and not overly broad. [read post]
8 Dec 2011, 9:00 am
Bowen’s own house with a warrant authorizing seizure of one specific gun would be able to seize a second gun they saw. [read post]
8 Dec 2011, 4:24 am
Brown) The 4th Amendment of the United States Constitution protects citizens from illegal search and seizure. [read post]
7 Dec 2011, 4:51 pm
The one-page veto stated, "The courts are better suited to resolve the complex and case-specific issues relating to constitutional search-and-seizures protections. [read post]
6 Dec 2011, 11:53 pm
Or a police officer obtaining a warrant to search a house for suspicious content. [read post]
6 Dec 2011, 11:56 am
Judge Matz [T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in… [read post]
