Search for: "Search/Seizure Warrant" Results 3701 - 3720 of 5,473
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18 Jul 2011, 5:23 pm
When the question of the legality of an arrest or a search or seizure is raised, the defendant makes a prima facie case of illegality where the arrest, search, or seizure was accomplished without a warrant, then the burden rests upon the prosecution to show proper justification for the arrest, search, or seizure. [read post]
18 Jul 2011, 3:17 pm
The text of the Fourth Amendment repudiates general warrants by recognizing a "right of the people to be secured in their persons, houses, papers, and effect, against unreasonable searches and seizures. [read post]
17 Jul 2011, 11:57 am by Jeff Gamso
  Even in time of war it has to be lawful, but none at all in peacetime unless the owner invited them in.Rich or poor, you can bar the door.The government simply cannot invade.Besides, it leads so naturally into the Fourth Amendment.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,… [read post]
15 Jul 2011, 3:07 pm by Law Lady
Weekly D1505dCivil rights -- Search and seizure -- Detention -- Occupant of premises to be searched -- Plaintiff, who was seized by law enforcement and detained for up to two hours while officers searched residence of her son failed to establish a Fourth Amendment violation, even if alleged facts were proven to be true at trial -- Initial seizure and detention in front yard of house known by law enforcement to be involved in distribution of controlled… [read post]
15 Jul 2011, 10:55 am
A good drug trafficking defense lawyer should be challenging the search and seizure tactics used by the law enforcement, as well as the validity of search and arrest warrants that are based on electronic surveillance or wiretaps. [read post]
15 Jul 2011, 5:06 am
Law enforcement agencies already have manuals on how to request data from Facebook, and the number of warrants - none of which have been challenged, in spite of violating a person's Fourth Amendment protection against unlawful search and seizure - has almost doubled in 2011. [read post]
14 Jul 2011, 10:19 am by ERIC J DIRGA PA
Weekly D1089 (Fla. 4th DCA, May 18, 2011): Defense Appeal, Reversed and Discharged – Search and Seizure case. [read post]
14 Jul 2011, 4:13 am
Telling the defendant to essentially stay put while his DL was checked for wants or warrants did not turn a consensual encounter into a Fourth Amendment seizure. [read post]
13 Jul 2011, 7:42 pm by McNabb Associates, P.C.
Federal agents also executed search warrants this morning on seven different syndicate-controlled stash houses and residences, recovering 18 firearms and hundreds of rounds of ammunition. [read post]
13 Jul 2011, 2:54 pm by Eugene Volokh
On August 26, 2010, warrants were issued authorizing a search of Blackden’s camera and digital card, and seizure of image files on the card. [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]
12 Jul 2011, 4:08 am
Where a drug search warrant includes “electronic documents” for drug information, it authorizes seizure of a computer found in the house. [read post]
12 Jul 2011, 4:01 am
June 3, 2011).* The affidavit for the search warrant for defendant’s property showed nexus, which is a part of the probable cause analysis. [read post]
10 Jul 2011, 3:36 pm
Normally in Florida, the police cannot search a person or his/her vehicle, home or other belongings without probable cause and a search warrant or consent to search. [read post]
10 Jul 2011, 3:00 pm by David Kopel
 He nonetheless drafted a general warrant authorizing search and seizure of all firearms and firearm parts from the home of an elderly woman, her daughter, and her grandson, knowing that the suspect (Bowen) did not even live in that home. [read post]
9 Jul 2011, 7:18 am by LawDiva
Neumann alleged he suffered post-traumatic stress disorder and depression as a result of CRA’s search and seizure of documents from his home. [read post]
8 Jul 2011, 1:46 pm by Chamlin, Rosen, Uliano & Witherington
The Fourth Amendment of the United States Constitution protects Americans from unlawful searches and seizures. [read post]
8 Jul 2011, 2:59 am by Russ Bensing
  There’s no question that taking the sample is a search. [read post]