Search for: "Search/Seizure Warrant"
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7 Nov 2016, 5:45 am
To begin with, police don’t need a warrant if someone consents to a search. [read post]
28 Feb 2019, 8:49 am
Historically, the smell of marijuana would likely give a police officer probable cause to search a vehicle, where otherwise a warrant may be required. [read post]
31 May 2011, 9:11 pm
S. 646, 653, or administrative searches, e.g., Michigan v. [read post]
16 Jul 2022, 5:07 am
But after the psych at the hospital cleared him for release because he was not suicidal, any possibility of a claim in a warrant app that his suicidal ideation justified seizure of his guns disappeared, making the likelihood of even the most warrant-loving judge signing off questionable. [read post]
15 Sep 2014, 2:10 am
Before his trial, the defendant's counsel filed a motion to suppress all evidence derived from the home entry, claiming that the officers violated both his state constitutional rights as well as his Fourth Amendment right to privacy against unreasonable searches and seizures. [read post]
10 Feb 2017, 12:07 pm
Courts then ruled that personal property was no longer categorically exempt from search and seizure. [read post]
9 Mar 2011, 7:36 am
We all understand that we have freedom from unreasonable search and seizure by government personnel (usually police) investigating what they believe to be a crime. [read post]
16 Sep 2014, 5:04 pm
However, the United States Supreme Court recently decided that the warrantless blood draw as authorized by statute was unconstitutionally violating the right against unreasonable search and seizure. [read post]
23 Oct 2016, 7:16 pm
Despite this, police obtained a search warrant for blood and urine samples. [read post]
22 Sep 2009, 8:42 pm
By contrast, in most other matters, search warrants remain in effect for just seven days. [read post]
23 Oct 2016, 7:16 pm
Despite this, police obtained a search warrant for blood and urine samples. [read post]
12 Dec 2019, 8:58 am
Officers arrived to serve the search warrant in plain clothes with few visible indications that the members of the team belonged to a law enforcement agency. [read post]
18 Mar 2007, 7:26 am
This conclusion is also supported--but not dependent upon--Wayne Burr's testimony that, after the search, the agents told him that they did not need a search warrant. [read post]
13 Jul 2023, 5:51 pm
See Kerr, Searches and Seizures, supra, 119 Harv. [read post]
17 May 2018, 1:06 pm
The search for warrants came back clean. [read post]
29 Sep 2013, 10:03 am
We conclude that the Fourth Amendment to the United States Constitution offers a greater substantive protection than does Article 8 of the European Convention for the protection of Human Rights (ECHR) to the extent that searches and seizures require probable cause and a warrant. [read post]
31 May 2011, 8:20 am
Yet again, the Ninth was warned by a strong dissent from denial of rehearing en banc by many of its own judges.The key question in Ashcroft v. al-Kidd is whether a Fourth Amendment attack on a seizure can be made by claiming an invalid subjective motivation, even though the seizure is objectively valid, meeting the requirements of the Fourth Amendment for a seizure of that type.We thought we had killed that argument off 15 years ago in Whren v. [read post]
8 Aug 2012, 4:16 pm
Higher statutory thresholds are imposed on the CRA – such as requiring a search warrant issued by a judge – where the information sought would not normally be required for an audit. [read post]
12 May 2015, 4:45 am
Using a totality of the circumstances test, she holds that Riley provides the escape valve that allows her to suppress the search of the computer, even though the physical place of seizure was a border. [read post]
20 Aug 2024, 7:58 am
They obtained a search warrant for the home and cars within the curtilage and an arrest warrant for the defendant. [read post]