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2 May 2011, 4:29 pm
” If the application includes certain information about why the tracking device is necessary, and probable cause exists, then the judge “must enter an ex parte order authorizing the installation and use of a mobile tracking device. [read post]
14 May 2010, 7:59 am
Based on the officers' testimony, however, the Court fails to find any conduct or actions on the part of individuals on Defendant's property that prompted the officers' decision to approach the residence. [read post]
3 Jan 2010, 10:44 pm
This is a challenge to the ex parte, in camera review contemplated by FISA. [read post]
23 Aug 2006, 5:59 am
Rather, "[t]he Constitution protects property owners . . . by interposing, ex ante, the deliberate, impartial judgment of a judicial officer" and "by providing, ex post, a right to suppress evidence improperly obtained. [read post]
16 Feb 2008, 9:33 am
One could question this as an initial matter: why defer to the issuing judge, who acts ex parte and without time for reflection, but not to a district judge who has the benefit of adversarial presentations? [read post]
19 Nov 2007, 5:48 am
., if an “aggrieved person” requests discovery of materials relating to electronic surveillance, and the Attorney General files an affidavit stating that the disclosure of such information would harm the national security of the United States, a district court may review in camera and ex parte the materials “as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. [read post]
26 Jan 2009, 6:18 am
"[A]nd although the effective neutrality and independence of magistrates in ex parte proceedings for the issuance of search warrants may be doubted, there is a practical reason for requiring warrants where feasible: it forces the police to make a record before the search, rather than allowing them to conduct the search without prior investigation in the expectation that if the search is fruitful a rationalization for it will not be difficult to construct, working backwards. [read post]
5 Aug 2007, 12:37 pm
West End, First Floor Chicago, Ill. 60621] supplies no such support, because in that case, the government moved ex parte to remove certain limitations imposed upon its agents in conducting a computer search pursuant to a warrant. [read post]
15 Apr 2008, 7:36 am
[Defense objected with hearsay, which was overruled because the statement was part of a conspiracy]. [read post]
14 Dec 2009, 5:57 am
United States, 364 U.S. 253; Ex parte Jackson, 96 U.S. 727, 733. [read post]
29 Oct 2009, 6:19 pm
New York, 388 U.S. 41, 60 (1967) (striking down a New York law that permitted any judge to issue an ex parte order for eavesdropping upon oath or affirmation of an attorney or officer, as violating the Fourth Amendment due to lack of requirement for particularity as to the related crime, the place to be searched or conversations sought, and a failure to require exigent circumstances). [read post]
7 Aug 2007, 6:01 am
The trustee applied to the court on an ex parte basis for an order authorizing her to enter the debtor's home to inspect and obtain the jewelry and artwork that constituted property of the estate. [read post]
8 Jan 2007, 3:46 pm
You Tube y la "cosa riesgosa"El juez Horacio dijo:"Creo que la cuestión, erróneamente planteada por Alejandro, recibe un encuadre igualmente erróneo por parte de mis colegas Petronio y Cayo. [read post]