Search for: "Search/Seizure Warrant"
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27 Jul 2010, 1:55 pm
ACLU filed a challenge to the law last year in federal court, contending that the Fourth Amendment’s guarantee against unreasonable search and seizure bars mandatory DNA testing of individuals arrested of a felony, without suspicion or warrant, before being convicted. [read post]
9 Feb 2010, 10:28 am
The driver and 11 passengers sued, claiming Chabot violated their constitutional protection against unreasonable search and seizure. [read post]
22 Oct 2009, 10:34 am
Our next post will cover probable cause, the standard required for police to obtain a warrant, conduct a search, or make an arrest. [read post]
16 Dec 2009, 4:57 am
Because defendant's consent to the search was obtained through exploitation of a prior illegal seizure, suppression of the evidence was required. [read post]
7 Jun 2011, 5:42 pm
Ohio—the decision spelling out the modern meaning of the Fourth Amendment prohibition against "unreasonable searches and seizures"—was a singular accomplishment. [read post]
14 May 2016, 2:06 pm
All three forms of alcohol tests are conceded to be ‘searches,’ and searches—especially searches of a person’s internal state—generally require a warrant. [read post]
28 Apr 2012, 12:01 pm
Section 318 or 318d is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state. [read post]
23 Jun 2016, 5:19 pm
The investigation into the debit cards led to a search warrant for the home of a defendant who was connected to TaxProfessor. [read post]
7 Jun 2007, 8:54 am
Photographs taken during the search of a home by a police officer who entered and searched the home under the emergency-aid exception to the warrant requirement are inadmissible under the emergency-aid exception to the warrant requirement if taking the photographs was not related to the purpose for which the officer entered the home. [read post]
25 Jun 2021, 11:52 am
The defendant filed a motion to suppress the evidence against him on the grounds that it was obtained via a warrantless search in violation of his Fourth Amendment rights against unreasonable search and seizure. [read post]
8 Sep 2022, 3:55 am
” What then, you might wonder, did the deputies plan to do if they engaged in a flagrantly unlawful warrantless search of the houses, since any seizures would be subject to suppression by any mildly competent lawyer? [read post]
20 Apr 2021, 1:37 pm
When the Court ultimately decides the case, it could significantly impact New York search and seizure laws. [read post]
23 Jun 2007, 5:32 am
The marijuana justified the search, and the stories from the occupants justified seizure of the vehicle. [read post]
15 Jan 2018, 9:16 am
The Fourth Amendment protects everyone in the United States from unreasonable search and seizure. [read post]
12 Apr 2021, 3:18 pm
The Defendant’s Argument At trial, the defendant argued that he could not be convicted of resisting arrest because the officer’s conduct leading to the incident violated the defendant’s right to be free from illegal searches and seizures. [read post]
6 Jun 2011, 3:26 pm
A more intrusive and longer initial search could well have warranted suppression, notwithstanding the initial consent to search all closed containers in the apartment, because of the Fourth Amendment difference inherent in those special kinds of containers which store electronic data. [read post]
5 Jan 2007, 10:13 am
Search warrant based on 45 day old information of a drug buy was stale, and search was suppressed. [read post]
4 Feb 2015, 6:02 pm
Once inside the room, the police saw evidence of drug dealing and property damage and applied for a search warrant to search the room. [read post]
17 May 2016, 9:24 am
Attorney Daniel Cappetta is well versed in search and seizure law and has successfully litigated numerous motions to suppress. [read post]
29 Oct 2017, 5:34 am
Nor, whether you like it or not, was he wrong to demand identification or to run a warrant check. [read post]