Search for: "Search/Seizure Warrant"
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1 Feb 2011, 11:43 am
Search and Seizure Reasonable suspicion Where police had a warrant to search a building, they had reasonable suspicion to detain a person who had just left it before they could execute the warrant. [read post]
1 Feb 2011, 10:48 am
Search and Seizure Consent; voluntariness Robert L. [read post]
1 Feb 2011, 4:30 am
December 28, 2010) (unpublished).* While executing an animal welfare warrant, officers saw a list or URLs indicating possible child pornography, so another search warrant was sought for that. [read post]
31 Jan 2011, 7:46 am
You have much more protections under the Fourth Amendment search and seizure laws while in your home or a third-party's home than you do in a public place. [read post]
31 Jan 2011, 4:04 am
Special Agent Lepovetsky was not personally involved with obtaining the search warrant to search Defendant’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]
28 Jan 2011, 10:45 am
What happens when the usual rules of search and seizure collide with the new world of information in which a tiny phone can hold as much data as a computer? [read post]
28 Jan 2011, 8:49 am
New York, 392 U.S. 40, 61 (1968) ("The question in this Court upon review of a state-approved search or seizure is not whether the search (or seizure) was authorized by state law. [read post]
27 Jan 2011, 5:46 am
The cornerstone of personal rights for an individual charged with a criminal offense or drunk driving can be found in the 4th, 5th and 6th Amendments to the United States Constitution.4th Amendment: Right to Be Free From Unreasonable Search and SeizureThe 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… [read post]
27 Jan 2011, 4:49 am
You know, that Fourth Amendment thingie.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.Of course, the cops (and the Supreme Court, I should add) have a far narrower view of… [read post]
26 Jan 2011, 1:11 am
Diaz appealed his conviction, saying the evidence was gathered in violation of the Fourth Amendment, which prohibits unreasonable searches and seizures. [read post]
25 Jan 2011, 3:18 pm
The United States Constitution protects you from unreasonable searches and seizures. [read post]
25 Jan 2011, 4:03 am
” In re Search Warrants Issued August 29, 1994 (S.D. [read post]
24 Jan 2011, 2:09 pm
The Court found that the trial court improperly applied the independent source exception, under which an unlawful search does not invalidate a subsequent search if (1) the issuance of the search warrant is based on untainted, independently obtained information, and (2) the State’s decision to seek the warrant is not motivated by the previous unlawful search and seizure. [read post]
24 Jan 2011, 12:32 pm
The Nix Court’s point was that while the Fourth Amendment prohibits unreasonable searches and seizures, the remedy of the exclusionary rule (excluding the cocaine from trial) is not necessary when the fruit of the unreasonable search/seizure (the cocaine) would inevitably have been discovered because there isn’t enough of a need to deter police misconduct in such cases. [read post]
24 Jan 2011, 9:25 am
Category: Recent Decisions;Search and Seizure Body: SC18591 - Burbank v. [read post]
22 Jan 2011, 6:08 pm
Usually, the Fourth Amendment requires the police to have a warrant before they can enter and search a home or other place where someone has a “reasonable expectation of privacy. [read post]
21 Jan 2011, 8:03 pm
Criminal law -- Search and seizure -- Search of vehicle incident to arrest of driver -- Good faith exception to exclusionary rule -- Under precedent established by U.S. [read post]
21 Jan 2011, 2:27 pm
Probably everyone is familiar with some of the key concepts in the Bill of rights, including: Free exercise of religion (First Amendment) No establishment of religion (First Amendment) Freedom of speech (First Amendment) Freedom of press (First Amendment) Right to peaceably assemble and petition government for redress of grievances (First Amendment) Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the… [read post]
21 Jan 2011, 7:37 am
Warrant sought permission to search a `Yahoo! [read post]
19 Jan 2011, 11:50 am
Perhaps the distinction is that Diaz arose in the context of a search following a lawful arrest, a situation that has long been viewed as an exception to the warrant requirement, while Warshak did not. [read post]
