Search for: "Search/Seizure Warrant"
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17 Mar 2021, 9:57 am
Delaware, 438 U.S. 154 (1978), based on alleged material omissions from the search warrant affidavit. [read post]
1 Dec 2022, 5:14 pm
But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. [read post]
17 Dec 2009, 3:45 am
This was a warrantless search, and, for the most part, the State relied upon the search-incident-to-arrest exception to the warrant requirement. [read post]
10 Apr 2015, 6:55 pm
It explained that a suspect’s Fourth Amendment right to be free from unreasonable searches and seizures applies to blood draws, and that the extraction of blood qualifies as a search for Fourth Amendment purposes. [read post]
24 Dec 2009, 7:20 am
Nowadays, a valid warrant to search your one cell phone could be your downfall. [read post]
2 Feb 2018, 1:10 am
The approach of the Supreme Court to the question of judicial review of any search warrant followed a similar pattern of reasoning. [read post]
25 Feb 2016, 2:45 pm
(Keep in mind, also, that most other countries lack the procedural and substantive protections against searches and seizures that our Constitution guarantees.) [read post]
24 Aug 2015, 9:59 am
The problem (for government) is that many courts require law enforcement agencies to obtain a search warrant before using the technology, and the probable cause necessary to get such a warrant just isn't there. [read post]
23 Jul 2015, 6:17 am
“Instead of complying with the [initial] warrant, the agents launched a broad and intrusive room-to-room search for materials related to Dr. [read post]
Oral Argument Preview: Warrantless GPS Tracking Device, Revisited. State of Ohio v. Sudinia Johnson.
16 Sep 2014, 8:32 am
Constitution (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]
13 Jul 2011, 6:46 am
As the dissent points out, probable cause is a high hurdle that an officer would have to pass in order to get a search warrant. [read post]
28 Aug 2007, 5:47 am
LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 11.3(a), at 140 (4th ed. 2004). [read post]
16 Nov 2023, 4:00 am
McKinney, 361 N.C. 53 (2006) (remanding case to trial court for determination of whether warrant was valid notwithstanding warrant application’s inclusion of information gained in unlawful search) and State v. [read post]
6 Jul 2007, 9:31 am
” The district court — asserting a heretofore unprecedented, absolute rule that the Fourth Amendment “requires prior warrants for any reasonable search,” ACLU v. [read post]
24 Jan 2012, 7:44 am
If you are a criminal defense attorney who does any work in the area of searches and seizures, you really need to take a few minutes to read Scalia’s critique of the concurrences because he compares and contrasts several key search and seizure cases so succinctly. [read post]
7 Jun 2008, 6:38 pm
June 5, 2008): In addressing this issue, we are guided by the well-settled principle that "where there is no legitimate expectation of privacy, there is no search or seizure" under the Fourth Amendment (United States v Moran, 349 F Supp 2d 425, 467 [2005]). [read post]
23 Jun 2015, 3:26 pm
For instance, in many parts of the country protecting the driver’s constitutional right against unreasonable search and seizure are weighed against public safety with things like allowing search warrants to be granted by judges to police officers over the phone when a driver refuses to give law enforcement a breath test. [read post]
16 Feb 2010, 9:52 am
Sveum that the use of a GPS device was not a "search or seizure" and didn't fall under the Fourth Amendment. [read post]
24 Jul 2008, 7:07 am
It introduced strict procedures designed to comply with the 4th Amendment of the US Constitution: 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]
15 Apr 2011, 7:55 am
The officer conducted a pat down search and arrested him for the warrants. [read post]
