Search for: "Search/Seizure Warrant"
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29 Jan 2015, 8:30 am
Kinney, 1998-Ohio-425 (a search warrant authorizing the search of “all persons” on a particular premises does not violate the Fourth Amendment nor the Ohio Constitution. [read post]
12 May 2023, 1:23 pm
That’s the one that protects against unreasonable searches and seizures, meaning the government has to either get a warrant or show that one of the exceptions to the warrant requirement applies. [read post]
5 Jan 2011, 1:00 pm
Nothing in these decisions even hints that whether a warrant is necessary for a search of an item properly seized from an arrestee’s person incident to a lawful custodial arrest depends in any way on the character of the seized item. [read post]
15 Aug 2017, 9:00 am
The officer then obtained a search warrant for the residence based on the odor of marijuana and found marijuana inside. [read post]
15 Apr 2019, 8:17 am
If the police were conducting an arrest or search with a search warrant, however, the burden of proof is on you to prove that the warrant was without legal merit. [read post]
19 Jul 2013, 5:14 am
As I noted in a recent post, the 4thAmendment creates a right to be free from “unreasonable” searches and seizures; “reasonable” searches and seizures are conducted either pursuant to a warrant or to an exception to the warrant requirement. [read post]
18 Nov 2015, 4:01 am
Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant? [read post]
29 Sep 2009, 1:17 pm
I actually agree with everything the Ninth Circuit said about the complications digital evidence creates for 4th Amendment analysis and about why we cannot simply continue to apply the rules that govern physical searches and seizures to digital searches and seizures. [read post]
12 Nov 2014, 6:23 am
LaFave, 6 Search and Seizure §11.3(f) (5th ed 2012); see, e.g. [read post]
10 Mar 2017, 5:52 am
Upon finding the safe, and refusal of consent to search, the officer obtained a search warrant. [read post]
14 Jun 2016, 4:03 am
One promising model can be found in Fourth Amendment law on search and seizure. [read post]
13 Oct 2016, 1:15 pm
The police may not conduct a search without a valid search warrant or legal grounds to conduct a search without a warrant. [read post]
6 Jan 2011, 4:19 am
The holding in Park is the minority position among cases that have considered whether cell phones may be searched incident to a lawful arrest but without a search warrant. [read post]
11 May 2009, 1:57 am
Any other conclusion would allow the administrative inspection exception to swallow the Fourth Amendment's warrant requirement for searches of private property. [read post]
27 Nov 2007, 6:20 am
Flores-Montano, 541 U.S. 149, 153 (2004) ("Congress, since the beginning of our Government, has granted the Executive plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant .... [read post]
18 Jun 2014, 4:49 am
And of course, the “no harm, no foul” argument since it later obtained a warrant to search what it had no right to possess. [read post]
8 Sep 2009, 7:23 am
We hold that the seizure of these items during the warrant search did not violate the Fourth Amendment and that the district court properly denied the motion to suppress. [read post]
23 Jan 2012, 11:32 am
He concluded that the installation of the device on the vehicle without a warrant was a trespass and therefore an illegal search. [read post]
24 Apr 2007, 9:35 am
Zall, the presence of the arrest warrant for Brendlin attenuates any taint from the initial seizure and, for this reason, the evidence seized as a result of the arrest would not be subject to the exclusionary rule. [read post]
18 Mar 2010, 10:00 am
The search began at 2 p.m., and he helped the officers during the search that lasted until 1 a.m. [read post]
