Search for: "Search/Seizure Warrant"
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4 Jul 2007, 6:17 pm
I remain concerned that little by little we continue to chip away at the protections of the Fourth Amendment that are designed to protect our citizens from unreasonable searches and seizures. [read post]
27 Sep 2011, 2:22 pm
But he and his attorney filed a motion to suppress, saying that the guns and ammunition were unlawful seizure under the Fourth Amendment, which guarantees that a person can't be searched without probable cause. [read post]
18 Oct 2011, 10:59 am
"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures" is not policy of the Republican or Democratic parties; it is a unifying American ideal embodied in the Bill of Rights. [read post]
21 May 2008, 7:06 pm
The officer questioned Burdick, but he refused a search of his vehicle. [read post]
6 Sep 2014, 4:08 am
Reasonable, as a stand-alone concept, has gained traction as an antidote to the warrant clause, where the black letter law that a warrantless search and seizure are unconstitutional per se, absent an exception. [read post]
30 Jun 2014, 9:01 pm
Considering this search incident to arrest “trilogy,” as the Court called it, the Justices concluded that searches of digital data contained on a cell phone fail to satisfy the rationales for the search incident to arrest doctrine and therefore do not constitute “reasonable” searches, in the absence of a warrant or some applicable exception to the warrant requirement. [read post]
21 Apr 2009, 3:28 pm
Simply put, the Belton rule permits the passenger compartment of a suspect’s vehicle to be searched on-site at any time after a lawful arrest without a warrant. [read post]
29 Aug 2017, 12:00 am
” The Law Court has refused to declare an exclusionary rule for a violation of Art. 1, Section 5, of the Maine Constitution, or to declare that Art. 1, Section 5, provides any greater protections against unreasonable searches and seizures than those provided by the Fourth Amendment to the U.S. [read post]
15 Sep 2020, 1:00 pm
Both warrants purported to authorize searches for evidence of “any and all crimes. [read post]
19 Jan 2021, 12:14 pm
” [18] The Court relied on cases permitting warrantless searches of commercial businesses, searches and seizures of vehicles near the border, and seizures of vehicles at sobriety checkpoints. [19] The Court explained: The City argues that regulating parking is an important Government interest because it promotes safety and order on its roadways and ensures that multiple people can access downtown businesses. [read post]
21 May 2019, 12:34 pm
The Sixth Circuit, however, reversed, agreeing that chalking is a search under the Fourth Amendment but holding that chalking without a warrant is not per se reasonable under certain exceptions to the warrant requirement. [read post]
8 Mar 2007, 8:10 am
Even though the search warrant is contained [*10] in the discovery materials, neither party has provided this court with a copy. [read post]
21 Sep 2015, 9:30 am
This means that the Fourth Amendment is not implicated when officers obtain CSLI, and a search warrant is not constitutionally required. [read post]
21 Sep 2015, 9:30 am
This means that the Fourth Amendment is not implicated when officers obtain CSLI, and a search warrant is not constitutionally required. [read post]
20 Aug 2010, 2:48 am
A warrantless search and seizure is unlawful. [read post]
18 Jun 2010, 5:37 am
As I’ve noted in earlier posts, the 4th Amendment’s prohibition on “unreasonable” searches and seizures only applies to “state action,” i.e., to searches and/or seizures that are carried out by law enforcement officers or others who are acting on behalf of the federal government or a state government. [read post]
20 Dec 2010, 1:50 pm
On this latest visit to the 6th Circuit, Warshak, once again, argued that the government’s seizure of his private emails from his ISP constituted a violation of the 4th Amendment prohibition on unreadable searches and seizures. [read post]
11 Aug 2013, 3:18 pm
Briefly stated, the three named criminal defendants and one man were jointly charged with the cocaine possession and other contraband recovered by police who entered the man's apartment under authority of a defective search warrant. [read post]
21 Jun 2020, 9:00 pm
King that the smell of burning drugs and the sound of movement inside the suspect apartment did not create an exigent circumstance to justify a warrantless entry.The Fourth Amendment’s broad scope may be a source of diverging interpretations as it simply states that “[t]he 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… [read post]
15 Apr 2014, 11:02 am
James Madison drafted clear language guaranteeing the rights of Americans, and it bears reading again in full: 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]
