Search for: "Search/Seizure Warrant"
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25 Oct 2011, 8:29 am
To perform his mission, the investigating judge is given extensive powers that include: the right to issue arrest warrants (CPP, arts. 122 to 136); to examine the suspect and the witnesses and to confront the suspect with witnesses (CPP, arts. 114, 101); to designate one or more expert witnesses (CPP, arts. 156, 157); to order a search for and seizure of evidence ( CPP, arts. 92 to 99-4); to order a wiretap (CPP, arts. 100 to 100-7); to re-enact the crime (CPP, art. 92);… [read post]
25 Oct 2011, 6:37 am
The reality is that almost no search warrants are denied. [read post]
24 Oct 2011, 9:02 pm
Cato@Liberty: A Response to Orin Kerr on GPS Tracking by Julian Sanchez: Orin Kerr—easily one of our most lucid thinkers when it comes to applying the Fourth Amendment to new technologies—argues at Volokh Conspiracy that, while it’s a hard call whether the installation of a GPS tracking device to a vehicle counts as a Fourth Amendment “search” or “seizure,” the Supreme Court should not treat the use of such devices as a search… [read post]
24 Oct 2011, 11:56 am
The Fourth Amendment to the United States Constitution states that 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]
24 Oct 2011, 10:04 am
Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Mesa criminal or DUI charges (list not exhaustive): • Right to "an attorney", criminal or DUI defense, without unjustified cause for delays (you must invoke or verbalize); • Right to "remain silent (you must invoke or verbalize); • Right to "due process" in order to retain legal representation to challenge formal charges against you… [read post]
24 Oct 2011, 12:31 am
United States, 325 U.S. 91, 104–05 (1945).The relevant right in the Sease case is conferred by the Fourth Amendment, which punishes unreasonable searches and seizures. [read post]
23 Oct 2011, 9:21 pm
The 22 page affidavit for the search warrant clearly showed probable cause, and it supported search and seizure of electronic devices, here a thumb drive, where nexus was shown. [read post]
23 Oct 2011, 10:53 am
The affidavit and search warrant authorized seizure of papers from defendant’s residence, and that included the mailbox. [read post]
22 Oct 2011, 8:01 pm
But when the right procedures are in place, indigence can be a question that in many—but not all—cases is sufficiently straightforward to warrant determination prior to providing a defendant with counsel, even in a criminal case. . . . [read post]
22 Oct 2011, 5:40 pm
STATE OF FLORIDA, Appellee. 1st District.Criminal law -- Trafficking in cannabis -- Search and seizure -- Warrant -- Where warrant authorized officers to enter and search the premises and curtilage, including any vehicles and/or temporary structures within the curtilage and all persons found on the premises, for certain items, including “titles, receipts and any other documents and records evidencing illegal activity, or that would lead to the… [read post]
21 Oct 2011, 12:09 pm
On one hand, I don’t think use of the device should be deemed a search or seizure. [read post]
21 Oct 2011, 11:51 am
McGinnis then “prepared a length affidavit” for a warrant to search Mahan’s home and computer, which was later executed (as part of 60 other searches) and resulted in the seizure of a computer that contained the “known child pornography files” Peer Spectre had identified. [read post]
21 Oct 2011, 3:30 am
The silver anniversary of ECPA has prompted the nation’s biggest tech companies and prominent civil liberties groups to lobby for updates to what was once the nation’s leading “privacy” legislation protecting Americans’ electronic communications from warrantless searches and seizures. [read post]
20 Oct 2011, 11:50 pm
On one hand, I don’t think use of the device should be deemed a search or seizure. [read post]
20 Oct 2011, 11:11 pm
I read the police reports and learned that officers were there with a search warrant for someone else who may have been involved in operating a chop shop. [read post]
20 Oct 2011, 8:13 am
A routine traffic stop constitutes a seizure within the meaning of the Fourth Amendment even though the purpose of the stop is limited and the resulting detention quite brief. [read post]
20 Oct 2011, 6:41 am
The Fourth Amendment guarantees that the people be free from unreasonable search and seizure and before the government can search our Utah homes, Utah businesses or person a valid search warrant is required. [read post]
19 Oct 2011, 11:08 am
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]
19 Oct 2011, 6:17 am
For authorities to conduct a lawful search of a motor vehicle without a warrant, certain parameters must be met. [read post]
18 Oct 2011, 3:10 pm
Touted as the most important search and seizure case the Court has heard in a decade, it will be interesting to see how the Bill of Rights has kept pace with ever-changing technology. [read post]
