Search for: "Search/Seizure Warrant"
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24 Oct 2010, 5:10 pm
The Fourth Amendment protects us from unreasonable searches and seizures. [read post]
15 Nov 2019, 11:21 am
Search and seizure of a car, house, or person involves activities that are different from the search and seizure of computer information. [read post]
2 Dec 2013, 3:15 pm
Additional Police Powers for Tracking, Retention, Production, and Seizure of Persons, Data, and Items. [read post]
2 Dec 2013, 3:15 pm
Additional Police Powers for Tracking, Retention, Production, and Seizure of Persons, Data, and Items. [read post]
10 Apr 2007, 3:02 am
The search he challenged was the search of the apartment, rented by Brown, but occupied by both of them at the time the crime was committed. [read post]
10 Apr 2014, 6:10 am
The defense briefs focus instead on Chimel, arguing for a rule of seizure but no searches without a warrant. [read post]
7 Apr 2015, 5:59 am
” But these same promoters are seeing to it that people attending the parties are searched and, if warranted, arrested by the police. [read post]
21 Jul 2021, 8:03 am
The bill would also authorize federal law enforcement to seek seizures and forfeitures of any personal property, including “any Internet domain name or Internet Protocol address, that was used or intended to be used” in the commission or facilitation of a botnet. [read post]
1 Jun 2011, 4:51 am
As I’ve explained in prior posts, the 4th Amendment’s prohibition on “unreasonable” searches and seizures only protects you from “state action,” i.e., from searches and seizures that are conducted by law enforcement officers or by private citizens who are acting as agents of law enforcement. [read post]
6 Mar 2017, 7:11 am
Leon, 468 U.S. 897 (1984)(Evidence obtained by way of a defective search warrant is admissible at trial, so long as the warrant was obtained in good faith and the officer had reasonable grounds for believing the warrant was properly issued.) [read post]
7 Jul 2010, 7:06 am
As I’ve explained in earlier posts, the vehicle exception is one of the exceptions to the 4th Amendment’s default rule requiring that officers obtain a search (and seizure) warrant before they search a place or a thing. [read post]
12 Dec 2008, 11:49 am
Here’s Justice Scalia’s remark during oral argument: I guess what about — I –I guess if we held that you could do this, this pat-down search here, it would probably carry forward to any other kind of seizure like a — a roadblock to inspect for drunken driving or anything like that? [read post]
10 Nov 2021, 1:33 pm
“Where the police have observed a traffic violation, they are warranted in stopping a vehicle. [read post]
10 Jan 2022, 10:04 am
” In her dissent, Justice Budd vehemently stated that the controlling opinion “allows for an encroachment upon an individual’s right to be free from an unreasonable search and seizure provided for in both art. 14 of the Massachusetts Declaration of Rights and the Fourth Amendment to the United States Constitution. [read post]
17 Mar 2007, 7:06 pm
In crafting his more definite statement, Plaintiff should address--in specific, non-conclusory factual allegations--the circumstances known to him surrounding the allegedly unlawful search and seizure. [read post]
25 Feb 2010, 10:07 am
Our baseline is that private homes enjoy the very highest level of Fourth Amendment protection, and that whenever government agents engage in non-consensual monitoring that reveals any information about activity in the interior of the home, that’s a violation of the right against unreasonable search.There are some forms of public search that may be deemed reasonable without a court order, such as the so-called Terry stop, but “searches and seizures inside a… [read post]
13 Oct 2012, 5:16 pm
These opponents of the law argue that DNA samples represent an unreasonable search and seizure of private information when the person has been accused and not convicted of a serious offense.DNA is a powerful tool that law enforcement can use to tie a person to a crime or crime scene when other evidence is lacking. [read post]
4 Jun 2018, 1:00 am
After his conviction, Olmstead’s appeal made it to the Supreme Court on the grounds that the wiretapping act was a violation of his Fourth Amendment rights relating to unreasonable search and seizure In a 5-4 verdict, the Supreme Court decided on June 4, 1928 that the unapproved wiretapping was permissible. [read post]
2 Oct 2017, 4:59 pm
Trombetta; (2) that the jury instructions on the failure to render aid enhancements violated due process by failing to require that he knew that the accident resulted in injuries or death; and (3) that his blood was drawn without a warrant, violating the Fourth Amendment Search and Seizure Clause. [read post]
2 Dec 2011, 5:52 am
Under those circumstances, we refer to the Fourth Amendment to the United States Constitution prohibiting unreasonable search and seizure, and we would advise a property owner that although they could allow a tax assessor entry by permission, if they chose not to do so, a warrant would need to be obtained by the tax assessor in order to enter without permission. [read post]
