Search for: "Search/Seizure Warrant"
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12 Oct 2011, 6:52 am
David Moran – The Fourth Amendment protects us from “unreasonable” searches and seizures. [read post]
21 Oct 2011, 3:30 am
The silver anniversary of ECPA has prompted the nation’s biggest tech companies and prominent civil liberties groups to lobby for updates to what was once the nation’s leading “privacy” legislation protecting Americans’ electronic communications from warrantless searches and seizures. [read post]
18 Feb 2011, 2:30 pm
Manley argued that the police were not entitled to search the data in the phone without warrant as an incident to arrest, citing R. v. [read post]
18 Sep 2013, 5:25 pm
Pursuant to Penal Law § 240.20 and Penal Law § 205.30, the People argue that the seizure of the weapon was justified as the product of a search incident to a lawful arrest in that the police had probable cause to arrest the defendant for disorderly conduct. [read post]
6 May 2015, 5:03 am
That old warrant clause thingy, which was once honored by no one except in the breach, has morphed into a reasonableness inquiry which renders a search warrant utterly superfluous, since why bother to show probable cause to a neutral magistrate if you can search first and argue reasonableness later? [read post]
29 Mar 2016, 11:06 am
The search warrant permitted agents to search LGI’s offices and seize Ganek’s personal files and mobile phone. [read post]
26 Mar 2013, 9:01 pm
When police search a house on the authority of a warrant, for example, we must trust them not to open drawers that the warrant does not authorize them to open. [read post]
17 Nov 2013, 4:00 am
Criminal Law: Search and Seizure (Computers)R. [read post]
22 Jan 2016, 11:10 pm
Thus, in general a warrant with “probable cause” is needed to search and seize a person’s cell phone. [read post]
22 Jan 2016, 11:10 pm
Thus, in general a warrant with “probable cause” is need to search and seize a person’s cell phone in Arizona. [read post]
8 May 2011, 11:58 am
S957aCivil rights -- Search and seizure -- Excessive force -- Because 42 U.S.C. section 1983 is silent or “deficient” with respect to survival of a civil rights action in favor of another upon death of injured party, Section 1988(a) requires application of state survivorship law, provided that state law is “not inconsistent with the Constitution and laws of the United States” -- Alabama survivorship statute, which provides that unfiled personal injury claims… [read post]
22 Apr 2014, 6:05 pm
The criminal defense lawyers argued – yes, all the way to the United States Supreme Court – that this traffic stop was an illegal search and seizure in violation of the Fourth Amendment. [read post]
17 Mar 2019, 1:08 pm
A CBP agent’s discretion supersedes the Fourth Amendment’s protection against “unreasonable searches and seizures. [read post]
18 May 2020, 7:05 pm
In Bullock, the FBI obtained a search warrant to obtain samples of the defendant’s blood and hair for DNA and other analysis. [read post]
26 Nov 2009, 6:34 am
Constitution prohibits unreasonable searches and seizures. [read post]
7 Sep 2012, 5:24 am
Police obtained another warrant to search the contents of both phones. [read post]
22 Mar 2017, 1:36 pm
That is, would the facts available to the officer, at the moment of the seizure or search, warrant a reasonable person in holding the belief that the action taken was appropriate. [read post]
22 Nov 2017, 10:06 am
From their abstract: The touchstone of the search-and-seizure analysis should be whether government officials have done something forbidden to private parties. [read post]
16 Feb 2018, 4:00 am
The new oversight process proposed for the Communications Security Establishment’s foreign intelligence and cybersecurity regimes, which would impose a form of quasi-judicial supervision in response to Canada’s broad constitutional protections against search and seizure. [read post]
29 Dec 2011, 3:00 am
Jerry Brown vetoed legislation that would have demanded the police obtain a court warrant before searching the mobile phone of anybody arrested. [read post]
