Search for: "In Re Conduct of Gant"
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13 Mar 2020, 2:38 pm
Lawyers Concerned for Lawyers | Massachusetts LOMAP will be conducting business remotely at least until March 20th. [read post]
5 May 2014, 5:45 pm
They’re looking for evidence. [read post]
1 Mar 2010, 8:58 am
In the McCane case, the Tenth Circuit then ruled that, while the search of the car was invalid under the Gant decision, police were entitled to rely upon Belton when they conducted the search at issue. [read post]
30 Aug 2011, 3:45 am
And while we’re in the I Told You So mode, check out State v. [read post]
8 Apr 2022, 12:52 pm
In that case, Gant v. [read post]
3 Nov 2013, 4:36 am
Bennett concluded with this admonition for his fellow criminal defense lawyers:I hate to sound unnecessarily arrogant, but there are very few lawyers in Texas whom I would trust to handle these challenges. [read post]
29 Sep 2010, 11:08 am
Gant that such searches weren’t allowed as a violation of the US Constitution. [read post]
16 Dec 2009, 3:44 am
Because the search of the cell phone’s contents was not conducted out of concern for the officer’s safety or to preserve evidence, the court found that it did not fall under the search-incident-to-arrest exception and that the officers should have obtained a warrant to conduct the search. [read post]
18 Mar 2011, 1:42 pm
Gant. [read post]
19 Mar 2010, 3:55 am
"Until we stop considering the 4th Amendment only from the perspective of good cop/bad cop, which presupposes that there is some inherent authority to search and that any limitation is the exception rather than the rule, we're going to struggle with reasons why adherence to bad law is wrong. [read post]
26 Apr 2010, 7:05 pm
Surely even the CT Supreme Court would not hold that that is sufficient to conduct a warrantless search of a motor vehicle? [read post]
27 Sep 2009, 8:19 am
Gant, 129 S. [read post]
26 Jun 2018, 11:31 am
” As a general proposition, whenever police conduct a search, they are required to have a search warrant which, as you can see from the text of the Fourth Amendment, must be supported by probable cause. [read post]
22 Apr 2020, 2:46 am
The legal issue raised in the case was whether the government violated McCarthy's constitutional rights by conducting this monitoring of his car's location. [read post]
21 Jun 2011, 11:47 am
The Court found that if the search is conducted in objectively reasonable reliance on binding appellate precedent, as was the search in this case, which was conducted prior to the issuance of the Gant decision. [read post]
24 Nov 2010, 11:14 am
Neither Gant nor Valdez mention the open view exception to the necessity to obtain a search warrant, the dissent observed, thus calling into question whether this is a valid exception to the warrant requirement for a search conducted after a driver is stopped and removed from his vehicle. [read post]
20 Jun 2011, 3:45 am
While normally a new decision will be applied to “pending” cases — those presently awaiting trial or on direct appeal — here it didn’t: since the purpose of the rule is to deter illegal police conduct, no purpose would be served, says the Court, by applying it in a situation where the police conduct was not then illegal. [read post]
12 Jan 2011, 3:51 am
Gant, there was nary a word about using those heightened standards in determining whether the search was valid. [read post]
