Search for: "Search/Seizure Warrant"
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27 Aug 2010, 8:04 am
Johnson, 193 N.J. 528, 548-49 (2008), we held that a criminal defendant has no standing to challenge the search or seizure of 'abandoned' property. [read post]
27 Aug 2010, 6:49 am
They had no probable cause to search for the broad class of firearms and firearm-related materials described in the warrant. [read post]
25 Aug 2010, 12:22 pm
Mink claimed that his rights under the 4th Amendment were violated by “the search and seizure of his property based on an invalid warrant. [read post]
25 Aug 2010, 3:50 am
The seizure had an independent source from the warrantless entry, and the affidavit for the search warrant showed probable cause without the judge abandoning his judicial role. [read post]
24 Aug 2010, 1:43 pm
There was no warrant for arrest or to search. [read post]
23 Aug 2010, 10:58 pm
This case is a good illustration of the fact that, in many cases, actions taken by the police in searching for evidence may violate a citizen’s right to be free from unreasonable searches and seizures without a warrant under both the United States Constitution and the Constitution of the State of New Jersey. [read post]
23 Aug 2010, 5:00 am
The writs of assistance were general search warrants issued to assist customs agents find smuggled goods. [read post]
20 Aug 2010, 5:29 am
At some point the decedent went into a seizure and it was decided that transport to the emergency room was called for. [read post]
20 Aug 2010, 4:58 am
August 10, 2010): When there is probable cause to believe that an entire business is “pervaded” or “permeated” with fraud, seizure of all records of the business is appropriate, and broad language used in a search warrant will not offend the particularity requirement. [read post]
20 Aug 2010, 2:48 am
A warrantless search and seizure is unlawful. [read post]
19 Aug 2010, 8:45 am
The defendant argued that the Court lacked jurisdiction because the state court holding rested on an independent and adequate state law ground, the Michigan Constitution, which gave greater protection from searches and seizures than did the Fourth Amendment. [read post]
19 Aug 2010, 7:42 am
Thereafter, the police were constitutionally required to obtain a warrant before searching the vehicle. [read post]
19 Aug 2010, 5:12 am
Exigency for an automobile only applies to its seizure, not its search. [read post]
18 Aug 2010, 8:45 pm
According to McKenna, the handcuffing was an unconstitutional seizure in violation of the Fourth Amendment, and looking through the home was an unconstitutional search. [read post]
18 Aug 2010, 9:59 am
Likewise, a person has a clearly established right to be free from unreasonable searches, including a warrantless search in the absence of exigent circumstances or some other warrant exception. [read post]
18 Aug 2010, 5:30 am
http://tinyurl.com/27ze6fs Limited Discovery of Facebook Allowed in Harassment Case - http://tinyurl.com/2b5rovm Looking Into the Crystal Ball: E-Discovery Predictions and Trends (PDF) http://bit.ly/dp1KHc Making Sense Out of “Clawbacks” - http://tinyurl.com/382vxth Podcast Replay: The 2010 Socha/Gelbmann E-Discovery Survey - http://tinyurl.com/2flm22a Publicity Rights Go to College in Digital Format - http://tinyurl.com/27ltozl Sanctions Denied For Spoliation Of Laptop By Daily Use… [read post]
17 Aug 2010, 6:40 pm
United States) would still be performing a reasonable search or seizure, so long as he reasonably believed that a crime had been committed or that someone was in need of immediate emergency assistance. [read post]
17 Aug 2010, 3:46 pm
The federal courts are split over whether the police must obtain a search warrant before secretly attaching a Global Positiong System device under someone's car. [read post]
16 Aug 2010, 9:35 am
As I’ve explained in other posts, the 4th Amendment creates a right to be free from “unreasonable” searches and seizures, i.e., searches and seizures that are neither conducted pursuant to a search/arrest warrant nor to an exception to the 4th Amendment’s warrant requirement. [read post]
16 Aug 2010, 5:54 am
“The Fourth Amendment says nothing specific about formalities in exercising a warrant's authorization,” it speaks to the manner of searching as well as to the legitimacy of searching “simply in terms of the right to be “secure ... against unreasonable searches and seizures.'” United States v. [read post]
