Search for: "Search/Seizure Warrant"
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13 Sep 2010, 12:06 pm
Bowing to the Obama administration, a federal appeals court Monday gutted its own decision that had dramatically narrowed the government’s search-and-seizure powers in the digital age. [read post]
13 Sep 2010, 8:33 am
The search and seizure warrant for seizure of computers and hard drives was timely served, but the data was not searched until after the 90 days expired. [read post]
13 Sep 2010, 7:25 am
A Boston Globe editorial from September 2d, which I just saw today: Supreme Court, Congress need new rules for GPS searches: THE FOURTH Amendment protects Americans against "unreasonable searches and seizures. [read post]
10 Sep 2010, 1:34 pm
A new trend in Tennessee as it relates to probation cases is to include a condition of probation that waives your Fourth Amendment right of an illegal search and seizure. [read post]
10 Sep 2010, 12:28 pm
The federal agent is often a witness to an illegal search and seizure. [read post]
10 Sep 2010, 10:13 am
This usually means that a warrant is required before the government can search our private information. [read post]
9 Sep 2010, 12:02 pm
Court of Appeals noted that it had to consider two issues in ruling on Jones’ argument: (i) was the use of the GPS device a “search” under the 4th Amendment and (ii) if it was a search, was the search “reasonable,” i.e., conducted pursuant to a search warrant or an exception to the warrant requirement. [read post]
9 Sep 2010, 2:19 am
Old search and seizure law is inadequate to address the issues arising in a digital world while maintaining any semblance of personal privacy. [read post]
7 Sep 2010, 9:42 pm
On the reasonable expectation of cell phone users, the lower court correctly observed: [T]he Fourth Amendment prohibits unreasonable searches and seizures and, accordingly, the Government must generally demonstrate probable cause and obtain a warrant prior thereto. [read post]
7 Sep 2010, 11:55 am
Despite Foltz's arguments that his Fourth Amendment rights had been violated, the court found that placement of the device on the outside of the van did not constitute a search or seizure giving rise to such a claim. [read post]
7 Sep 2010, 8:12 am
But it's still worth rereading from time to time.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.Anyway, Kimber said it applied and the gun should be suppressed. [read post]
7 Sep 2010, 6:51 am
The government has claimed the authority to undertake these suspicionless searches and seizures of electronic devices under a policy issued in August 2009 by the Secretary of Department of Homeland Security, Janet Napolitano. [read post]
6 Sep 2010, 9:15 pm
February 22, 2010).* Even if the CI was not fully believable, the surveillance of the defendant was enough for the search warrant to issue, so the suppression motion is denied without a hearing. [read post]
5 Sep 2010, 8:28 am
August 31, 2010): Emergencies are analytically distinct from other exigent circumstances (see 3 LaFave, Search and Seizure § 6.6, n 6). [read post]
3 Sep 2010, 1:00 pm
As I’ve explained in earlier posts, the 4th Amendment protects us from “unreasonable” searches and seizures. [read post]
3 Sep 2010, 4:14 am
The search warrant issued in this case did not authorize the search of Suite 218A. [read post]
31 Aug 2010, 3:36 am
Given my opposition to Orin Kerr's "technology neutral approach" to the application of search and seizure law to technological advancement, largely due to my belief that the 4th Amendment is a bundle of exceptions in search of rule, and that Orin's approach will leave us with no meaningful protection at all, the question remains: If not tech neutral, then what? [read post]
30 Aug 2010, 11:49 am
Cir. 2007), which held that the Justice Department violated the Speech or Debate privilege when it executed a search warrant on a congressional office without first allowing the Congressman an opportunity to protect legislative materials from seizure. [read post]
30 Aug 2010, 10:57 am
Federal appeals court in District of Columbia finds that the use of a tracking device to monitor a suspect for a month without obtaining a warrant was an an unreasonable search and seizure. [read post]
27 Aug 2010, 1:48 pm
As I’ve noted before and as I assume everyone already knows, the 4th Amendment creates a right to be free from “unreasonable” searches and seizures and, in so doing, creates a default preference for having searches and seizures conducted pursuant to a warrant: a search (and seizure) warrant. [read post]
