Search for: "Search/Seizure Warrant"
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30 Sep 2010, 1:18 pm
Since the monitoring was not conducted pursuant to a search warrant or an exception to the warrant requirement, it would violate the 4th Amendment – and the evidence would be suppressed – if the monitoring was, in fact, a search. [read post]
28 Sep 2010, 3:22 am
The term, which was born relatively recently in the 1960s, has become today more of a placeholder for the conclusion that a search or seizure is constitutional than a safeguard against unreasonable searches. [read post]
27 Sep 2010, 8:34 am
Kozinski wrote in the concurring opinion that he had wanted to provide “guidance about how to deal with searches of electronically stored data in the future so that the public, the government and the courts of our circuit can be confident such searches and seizures are conducted lawfully. [read post]
27 Sep 2010, 6:23 am
NCMEC transmitted a report of its findings with attached digital materials to Maine law enforcement authorities and as a consequence, five search warrants were issued: two state search warrants and three `non-conventional’ search warrants. [read post]
27 Sep 2010, 3:22 am
A more muscular reasonableness clause could be used to limit pretextual searches and seizures, to insist on a nexus between the type of crime and the accompanying search incident, and to oversee not only when stops and frisks occur, but with how much force they are effectuated. [read post]
26 Sep 2010, 11:18 am
(b) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS. [read post]
25 Sep 2010, 4:25 pm
Those familiar with the recent slew of search and seizure cases that have been coming down know that they can search the vehicle for something instrumental to the crime and in the immediate vicinity, but no longer have a full blanket ability to search the entire vehicle. [read post]
24 Sep 2010, 12:08 pm
There is no need for a warrant here because the search comports with the overarching principle of reasonableness. [read post]
24 Sep 2010, 9:14 am
Although the Fourth Amendment protects against unnecessarily destructive searches and seizures, see Ginter v. [read post]
22 Sep 2010, 1:15 pm
’ Dixon clearly stated in his motion to suppress that the cell phone was his and asserted that the phone had been the subject of an unlawful search and seizure. [read post]
22 Sep 2010, 4:59 am
That means that as a constitutional matter neither a warrant nor any level of suspicion is needed to justify most virtual searches. [read post]
21 Sep 2010, 2:00 pm
The Superior Court of Pennsylvania recently vacated a defendant’s conviction for drug charges upon a finding that the evidence was obtained as a result of an unlawful search and seizure. [read post]
19 Sep 2010, 12:40 pm
We have won many Drug Cases in Massachusetts by attacking the validity of the Search and Seizure process. [read post]
18 Sep 2010, 7:19 am
In the background, I could hear a woman plaintively, pointlessly arguing over the seizure of a bottle of hand sanitizer. [read post]
17 Sep 2010, 7:47 am
NOTE: This blog post, is currently on our Wiki, which we will be phasing out, so we are moving the page to our blog. [read post]
17 Sep 2010, 2:00 am
They obtained a search warrant for the servers for the child porn and seized the computers. [read post]
15 Sep 2010, 8:41 am
The seizure of DNA is not under a search warrant, but only for pretrial release. [read post]
15 Sep 2010, 3:45 am
“Even if the detention were at some point illegal, the existence of the warrant and the search pursuant to arrest on that warrant was valid. [read post]
13 Sep 2010, 10:34 pm
The original ruling required the government to cull specific data described in the search warrant, rather than copy entire hard drives. [read post]
13 Sep 2010, 9:40 pm
Seizure of, for example, Google’s email servers to look for a few incriminating messages could jeopardize the privacy of millions. [read post]
