Search for: "Search/Seizure Warrant"
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19 Apr 2010, 9:28 am
Constitution and Article I, section 7 of the Tennessee Constitution protect against warrantless search and seizures, including the curtilage of the home, which is defined as any area adjacent to a residence in which an individual can reasonably expect privacy. [read post]
19 Apr 2010, 3:53 am
Second, courts should require a search warrant that is particularized to individuals rather than Internet accounts to collect the contents of protected Internet communications. [read post]
17 Apr 2010, 11:45 am
Inasmuch as he was never able to verify that the warrant was for Handy, the arrest and the resulting search would not have taken place. [read post]
17 Apr 2010, 7:25 am
”The Constitutional provisions discussed in Hoover protect individuals from unreasonable searches and seizures. [read post]
13 Apr 2010, 5:49 pm
The Appellate Division noted that one of the most significant rationales behind the exclusionary rule is to deter police from conducting unreasonable searches and seizure. [read post]
13 Apr 2010, 10:21 am
A “knock and talk” is a tactic used when information about a suspect is not sufficient to support the issuance of a search warrant. [read post]
12 Apr 2010, 1:54 pm
Kerr, George Washington University Law School, has published Ex Ante Regulation of Computer Search and Seizure. [read post]
7 Apr 2010, 7:10 am
The dissent appears to overlook the first prong of this presumption: a defendant must establish that (1) a search or seizure occurred (2) without a warrant. [read post]
7 Apr 2010, 5:59 am
The methods employed in executing search warrants are left to the searching agent's discretion as long as the methods are reasonable. [read post]
5 Apr 2010, 11:03 am
LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 4.3(d), at 516 (4th ed. 2004) (stating that “[i]t is clear ... there is no inherent defect in utilizing multiple affidavits” for the purpose of probable-cause determinations). [read post]
5 Apr 2010, 4:21 am
The passenger came back having a warrant out for him. [read post]
3 Apr 2010, 6:56 am
My prior post about a TSA cash seizure is here. 2255 is denied because the copies of the search warrant petitioner obtained under a state FOIA request were redacted, and that does not mean that the original was unsigned. [read post]
2 Apr 2010, 8:08 am
Evidence gained during an illegal search of a home before the officer's obtained a search warrant could not be relied upon to support the federal warrant. [read post]
1 Apr 2010, 4:16 am
Thus, as the Commonwealth did not present adequate evidence of an exception to the warrant requirement, an exigency or otherwise, the seizure of the defendant's clothing was unreasonable because he had not forfeited his possessory interest in the clothing. [read post]
31 Mar 2010, 1:03 pm
There was no exception to the requirement that the police obtain a warrant prior to seizing and searching the clothes. [read post]
30 Mar 2010, 9:00 am
That’s because U.S. courts have been unwilling to extend the Fourth Amendment’s protection against unreasonable search and seizure to individual information stored with third parties such as cloud computing providers. [read post]
29 Mar 2010, 11:35 am
It further states that search warrants may be issued only upon a finding of probable cause. [read post]
24 Mar 2010, 11:58 pm
As a result, they had a reasonable expectation of privacy in their 'home' at the shelter, and the Boston Police Officers' search, without a warrant or consent by them, was violative of their 4th Amendment Right to be secure from unreasonable searches and seizures. [read post]
24 Mar 2010, 8:09 pm
This has not been the practice in municipal court, and formal motions to suppress have been reserved for cases involving search and seizure issues. [read post]
24 Mar 2010, 1:25 pm
The lawsuit (.pdf) claims that the record-keeping requirements are overbroad and risk chilling protected speech, and that allowing inspections of those records is an unreasonable search and seizure. [read post]
