Search for: "Search/Seizure Warrant"
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3 Mar 2011, 11:14 am
The fourth amendment to the United States Constitution prohibits the government from conducting unreasonable searches and seizures of a citizen. [read post]
3 Mar 2011, 7:36 am
The power asserted by the State in this case too closely resembles authority pursuant to a general warrant, provides no meaningful mechanism to control arbitrary searches, avoids the warrant preference rule that this court has traditionally recognized, utilizes a balancing test that improperly weighs the interests involved, and does not adequately recognize the security and sanctity interests of parolees in their home.A lot of background in this case, both on state… [read post]
3 Mar 2011, 3:52 am
It is better to attach pictures or something to the affidavit for a child pornography to show that the officer actually saw it to support the request for a search warrant. [read post]
3 Mar 2011, 3:35 am
Abstract: The conventional academic account of Fourth Amendment (or search and seizure) history has been shaped by uncritcal acceptance of claims in Supreme Court opinions that the reference to "unreasonable searches and seizures" in that text was intended to created a broad "reasonableness" standard for assessing all government arrests and searches, whether made with or without warrant. [read post]
3 Mar 2011, 2:15 am
Here is the abstract: The conventional academic account of Fourth Amendment (or search and seizure) history has been shaped by uncritcal acceptance of claims in Supreme Court opinions that the reference to "unreasonable searches and seizures" in that text was intended to created a broad "reasonableness" standard for assessing all government arrests and searches, whether made with or without warrant. [read post]
2 Mar 2011, 1:40 am
Customs agents at these boarders are trained to look for smugglers, terrrorists, and child pornographers.The heightened search and seizure powers of Customs agents were tested in a recent case involving a local contract employee with the Walled Lake Consolidated Schools. [read post]
1 Mar 2011, 2:13 pm
” And there is also a possible First Amendment issue lurking in the background, given part of the apparent basis for the police department’s seizure of the guns, but that doesn’t seem to be being litigated here. [read post]
28 Feb 2011, 2:45 pm
Marshall also launched new materials on NJ arrest warrants, including pages on warrants upon indictment and bench warrants for failure to appear; along with webpages on New Jersey search and seizure, including many different circumstances of searches, such as car searches, house searches, evidence in plain view and searches at school. [read post]
28 Feb 2011, 2:12 pm
The court, relying on earlier circuit precedent applying the general law of search warrants to child abuse investigations, held that the seizure was unconstitutional: it reasoned that there was no warrant, court order, parental consent, or exigent circumstances, and there were no “special needs” that would permit a deviation from the standard warrant procedure. [read post]
28 Feb 2011, 5:25 am
He asserts that neither the search incident to arrest exception nor the automobile exception to the warrant requirement applied. [read post]
23 Feb 2011, 10:03 am
At least two members of the Dutch Parliament are also asking about the seizure, expressing concern that BREIN gained access to servers that had personal and business data on them without any kind of warrant. [read post]
23 Feb 2011, 9:52 am
The Fourth Amendment to the United States Constitution states, " 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]
22 Feb 2011, 6:19 pm
As a result, a search or seizure inside a home without a warrant is “presumptively unreasonable. [read post]
22 Feb 2011, 1:41 pm
A blood draw warrant is a search warrant requested by a law enforcement officer and signed by a judge. [read post]
21 Feb 2011, 8:52 pm
If the government is conducting a search and seizure for criminal law reasons, there is a set of criminal law powers; if the government is conducting a search and seizure for national security reasons, there is a set of national security powers. [read post]
21 Feb 2011, 8:48 pm
If the government is conducting a search and seizure for criminal law reasons, there is a set of criminal law powers; if the government is conducting a search and seizure for national security reasons, there is a set of national security powers. [read post]
21 Feb 2011, 3:06 pm
As a child pornography lawyer, I think this case is a fine example of why secret search warrants are a terrible idea. [read post]
20 Feb 2011, 9:05 pm
Having searched a car and seizing evidence under a search warrant, a separate search warrant is not required to search a cell phone that was properly seized as evidence of a crime under the warrant. [read post]
20 Feb 2011, 11:05 am
Customs agents at these boarders are trained to look for smugglers, terrrorists, and child pornographers.The heightened search and seizure powers of Customs agents were tested in a recent case involving a local contract employee with the Walled Lake Consolidated Schools. [read post]
20 Feb 2011, 4:35 am
And I'm not even going to touch the "tainted money" dilemma here.Yet the use of dogs as a facile means of circumventing the warrant clause is not only continuing, but eludes meaningful review because of the fact that dog sniffs, for the most part, are either not considered a search or not a sufficiently significant intrusion on privacy to warrant redress. [read post]
