Search for: "Search/Seizure Warrant"
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31 Oct 2010, 1:45 pm
See Julius’ Seizure, posted June 19, 2010. [read post]
31 Oct 2010, 7:18 am
In consideration of the testimonial and documentary evidence submitted, the Court finds the Government failed to sustain its burden to justify the unlawful search and seizure. [read post]
30 Oct 2010, 2:58 am
You'll recall that Herring was the awful decision "forgiving" the police negligence in failing to remove a vacated warrant from a database, and another officer using that warrant as the basis for a search and seizure before the mistake was discovered. [read post]
27 Oct 2010, 11:44 am
One of the rights that is generally forfeited by a probationer is the right against search and seizure by the probation officer. [read post]
27 Oct 2010, 11:07 am
Civil Rights Search and seizure; probable cause Where a police officer found marijuana stems in the plaintiff's garbage, and the plaintiff had received shipments from a supplier of marijuana cultivation products, the officer did not violate the plaintiff's constitutional rights in getting a search warrant for the plaintiff's home. [read post]
27 Oct 2010, 8:06 am
If a seizure of property (or of a person) occurs, it has to be “reasonable” which, as I’ve noted before, means it has to have been conducted either pursuant to a warrant (a search and seizure warrant for property, an arrest warrant for a person) or to an exception to the warrant requirement. [read post]
26 Oct 2010, 6:21 pm
Here, a Sonoma County judge issued a search warrant for four properties that were suspected of being involved in marijuana trafficking from Mexico. [read post]
26 Oct 2010, 11:52 am
The further investigation that the officers undertook in this cause did not involve any search of the premises that was not already authorized by the search warrant. [read post]
26 Oct 2010, 10:30 am
Immigration officers are also not required to obtain a warrant when conducting such searches. [read post]
26 Oct 2010, 6:23 am
October 22, 2010) (unpublished)*: We reject Murinko’s contention that the FBI’s delay in obtaining a search warrant and forensically searching his computer violated his Fourth Amendment possessory interest. [read post]
24 Oct 2010, 9:24 pm
Defendant validly consented to the search of his car when the paperwork was returned. [read post]
24 Oct 2010, 9:15 pm
Any further investigation into the nature of those items did not entail an additional and unjustified search of, or unduly prolonged police presence on, the premises, the seizure of those items, and it was permissible under the Fourth Amendment. [read post]
24 Oct 2010, 9:05 pm
Defendant’s motion to suppress the product of a protective sweep was reversed because the officers validly saw items in plain view and then put the observations in a search warrant application and came back for them. [read post]
24 Oct 2010, 5:10 pm
The Fourth Amendment protects us from unreasonable searches and seizures. [read post]
24 Oct 2010, 12:36 pm
As I’ve also explained, to be “reasonable” a seizure must be conducted pursuant to a warrant (usually a search and seizure warrant for property) or pursuant to a valid exception to the 4th Amendment’s warrant requirement. [read post]
23 Oct 2010, 10:27 pm
The needless death in an investigation of what amounts to drunk driving and some minor property damage symbolizes the need for officers to understand when breaking in doors is justified and when an arrest and search warrant is required. [read post]
23 Oct 2010, 9:53 pm
The seizure of these items did not violate the Fourth Amendment, as they were found during the course of a lawful search and their incriminating character was immediately apparent. [read post]
23 Oct 2010, 7:01 am
She asked if she could look for it, and they said no, they would have to, and what would happen if she refused, and they said they would get a warrant. [read post]
22 Oct 2010, 9:50 am
LaPradd argued that the officers’ maximizing the browser windows on the library computer constituted a 4th Amendment “search” that was unreasonable because it was neither conducted pursuant to a valid search warrant nor pursuant to an applicable exception to the search warrant requirement. [read post]
22 Oct 2010, 2:20 am
Ed. 2d 889 (1968); Williams, 615 F.3d at 670, n.6 (“[A]llowing information obtained from a suspect about an outstanding warrant to purge the taint of an unconstitutional search or seizure would have deleterious effects. [read post]
