Search for: "Search/Seizure Warrant"
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6 Jan 2011, 11:28 am
You mean our e-mails haven’t been protected from search and seizure this whole time? [read post]
6 Jan 2011, 10:40 am
The issue is whether the search warrant affidavit provided probable cause to search the defendant’s residence. [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]
5 Jan 2011, 1:37 pm
"While the Framers wanted to require warrants for searches and seizures, the Court now allows the vast majority of searches and seizures to occur without warrants. [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]
5 Jan 2011, 10:01 am
Does the Fourth Amendment’s prohibition against unreasonable searches and seizures without a warrant prevent police from seizing and searching the contents of a cell phone incident to a lawful arrest? [read post]
5 Jan 2011, 9:38 am
San Francisco Chronicle: Court OKs searches of cell phones without warrant [read post]
4 Jan 2011, 10:44 pm
If the police created the exigency, then the police cannot rely on the exigency that they created to justify the warrantless search. [read post]
4 Jan 2011, 10:26 pm
If the police created the exigency, then the police cannot rely on the exigency that they created to justify the warrantless search. [read post]
4 Jan 2011, 9:19 am
The court held 5-2 that a search of the defendant's cell phone text messages in the police station 90 minutes after the arrest did not violate the Fourth Amendment [text] prohibition against unreasonable search and seizure without exigent circumstances. [read post]
4 Jan 2011, 6:27 am
In Tennessee, we might have a different result in that the Tennessee Constitution gives a broader protection under the search and seizure law.A few key points: There may have been a different result if the cell phone had a password. [read post]
4 Jan 2011, 2:18 am
The high court held that both the warrantless seizure of the clothes and the warrantless search of them for paint chips were valid as a search incident to lawful arrest. [read post]
2 Jan 2011, 4:54 pm
She then reported the fraud to the FDA in San Juan.The FDA executed search warrants in October 2003 and in February 2005 seized all stocks of Avandamet and Paxil CR in the largest seizure in FDA history, estimated by the FDA to be worth $2 billion. [read post]
30 Dec 2010, 8:10 pm
Never mind the Constitutional protections of the presumption of innocence, or the right to remain silent, or the right to be free from seizure without a valid warrant. [read post]
30 Dec 2010, 7:00 am
Search and seizure issues can be extremely complicated and confusing. [read post]
30 Dec 2010, 5:00 am
The Fourth Amendment does not ban all searches occurring without a search warrant. [read post]
29 Dec 2010, 12:45 pm
Even if search violated 4th A., good faith exception to warrant applies because TSA officer would not have known search was illegal.McCoy, 35 FLW 2876, 1st DCA, Trafficking in Hydrocodone - Jury Instructions. [read post]
29 Dec 2010, 5:23 am
As I noted in those posts, the 4th Amendment requires that a search or a seizure be “reasonable;” the default way a search or seizure can be reasonable is for it to be conducted pursuant to a search and/or seizure warrant. [read post]
28 Dec 2010, 9:34 am
In Miller, the Court held that the bank records were not protected by the "search and seizure" provision of the Fourth Amendment ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated") See Miller, 425 U.S. 435, 442-43 (1976); U.S. [read post]
25 Dec 2010, 6:13 am
Defendant was arrested with a warrant in his house by U.S. [read post]
