Search for: "Search/Seizure Warrant"
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4 Apr 2011, 2:07 pm
Under the “border search exception” of United States law, international travelers, including U.S. citizens, can be searched without a warrant as they enter the country. [read post]
4 Apr 2011, 6:25 am
And just to make the timing of things really strange, Crystal Mangum, the exotic dancer whose made the allegations, was arrested early Sunday morning in connection with the stabbing of an unidentified man (believed to be her boyfriend). 1) In both cases, the court denied dismissal of Fourth Amendment claims based on the intentional or reckless suppression and withholding of evidence and the fabrication or manufacture of false evidence for use in pretrial proceedings (magistrate proceedings… [read post]
3 Apr 2011, 9:30 pm
And just to make the timing of things really strange, Crystal Mangum, the exotic dancer whose allegations really started it all, was arrested early Sunday morning in connection with the stabbing of an unidentified man (believed to be her boyfriend). 1) In both cases, the court denied dismissal of Fourth Amendment claims based on the intentional or reckless suppression and withholding of evidence and the fabrication or manufacture of false evidence for use in pretrial proceedings (magistrate… [read post]
1 Apr 2011, 2:17 pm
On appeal, the defendant challenged the validity of the search condition, arguing that it violated his right to be free from unreasonable searches and seizures absent a warrant based upon probable cause under both the Fourth Amendment to the U.S. [read post]
1 Apr 2011, 6:13 am
§ 1983 claim regarding the NTO requirement for DNA & blood samples, against various Duke & Durham employees—upheld against Gottlieb, Himan, and former SANE-nurse-in-training Tara Levicy Beaty concludes that the “Plaintiffs have raised substantial questions regarding the constitutionality of the searches and seizures effected pursuant to the NTO in this case, both as to the procedure that was followed and the scope of the NTO that was entered. [read post]
31 Mar 2011, 5:57 pm
The Fourth Circuit has likewise recognized that when police officers effect a “seizure” by arresting an individual pursuant to an arrest warrant, the officers are liable under the Fourth Amendment if the officers “intentionally lie in warrant affidavits, or recklessly include or exclude material information known to them. [read post]
31 Mar 2011, 3:55 am
March 4, 2011).* There was probable cause for issuance of the search warrant in this case based on two Cis. [read post]
30 Mar 2011, 11:25 am
Officer exceeded his authority by taking def into custody outside the territorial limits of his jurisdiction without a warrant. [read post]
30 Mar 2011, 3:38 am
When a computer check was run, three arrest warrants were found for him. [read post]
30 Mar 2011, 3:34 am
And for that you’re going to get a warrant to search the house? [read post]
28 Mar 2011, 5:53 am
Lepovetsky was not personally involved with obtaining the search warrant to search [Holloway’s] home, the search of the home itself, the seizure of any evidence, the analysis of any evidence seized, or the arrest of Defendant. [read post]
27 Mar 2011, 10:03 pm
(Orin Kerr) In a recent article, Ex Ante Regulation of Computer Search and Seizure, 96 Va. [read post]
27 Mar 2011, 8:14 am
, then the full text of the Fourth Amendment reads somewhat differently: "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]
26 Mar 2011, 12:05 pm
For example, police did not violate the fourth amendment’s requirements of probable cause, reasonable suspicion, and a warrant when they searched a bus riders suitcase randomly. [read post]
25 Mar 2011, 11:49 am
The police therefore violated the teacher’s right against unreasonable search and seizure under the Charter of Rights and Freedoms when they seized the laptop and searched it without a warrant. [read post]
25 Mar 2011, 10:55 am
And it contends that intelligence gathering in support of military operations “does not trigger constitutional rights against illegal searches and seizures. [read post]
23 Mar 2011, 2:35 pm
Protect your rights to be free from an unreasonable search with these power words: "Get a warrant, if you can, please. [read post]
22 Mar 2011, 1:27 pm
The statement issued by Justice Alito indicates, "Our cases recognize a limited exception to the Fourth Amendment's warrant requirement for searches of businesses in 'closely regulated industries.' . . . [read post]
21 Mar 2011, 7:11 pm
(Orin Kerr) The Virginia Law Review in Brief has posted a response from Professor Paul Ohm to my recent article, Ex Ante Regulation of Computer Search and Seizure. [read post]
21 Mar 2011, 5:33 am
For law enforcement conduct to violate the 4th Amendment, officers must have engaged in a “search” or a “seizure” without having first obtained a search (and seizure) warrant or relying on an applicable exception to the warrant requirement. [read post]
