Search for: "Search/Seizure Warrant"
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24 Jan 2022, 12:04 pm
Based on that order of steps taken by the police officer, the search was a case of “an arrest incident to a search” which, unlike a search incident to an arrest, is not an exception to the Fourth Amendment’s warrant requirement. [read post]
24 Jan 2022, 10:59 am
Over the past two decades, these joint operations have grown and expanded into larger and more complicated units working daily to search for and prosecute alleged violations of federal health care fraud statutes by doctors and others in the health care industry. [read post]
20 Jan 2022, 2:35 pm
Search and Seizure | Automated License Plate Readers in Minnesota Perhaps because it is always evolving, one of the most interesting areas of search and seizure law exists at the intersection of privacy and technology, or more specifically, at the nexus where the expanding technological tools of the police run up against the privacy protections afforded by the Fourth Amendment’s rules on search and seizure. [read post]
20 Jan 2022, 3:00 am
While running license and warrants checks, the officer asked to search the car. [read post]
18 Jan 2022, 6:01 am
Cottman's phone without her consent or a warrant. [read post]
18 Jan 2022, 1:41 am
So when there’s been a financial transaction over a certain amount for example, financial institutions will immediately turn that information over to the government, regardless of whether the government has specifically requested that information and without the government having to go and get a warrant to get that specific information. [read post]
18 Jan 2022, 1:41 am
Cindy: So a warrant means you have to go in one by one and get information about a particular crime or a particular person. [read post]
14 Jan 2022, 12:30 pm
Does the Fourth Amendment permit the search and seizure without probable cause of two compliant children, handcuffed and at gunpoint, even after the children have identified themselves to the seizing officer and been independently identified by their parents? [read post]
14 Jan 2022, 9:14 am
However, certain exceptions allow the police to search without a warrant. [read post]
13 Jan 2022, 2:40 pm
Internet prostitution is a very (VERY) lucrative enterprise here in Texas. [read post]
12 Jan 2022, 8:58 pm
United States, 575 U.S. 348 (2015) "held that 'the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s 'mission'—to address the traffic violation that warranted the stop and attend to related safety concerns.' Rodriguez, 575 U.S. at 354 (citation omitted)... [read post]
SCOTUS Says “Community Caretaking Function” Not an Exception to Fourth Amendment Warrant Requirement
12 Jan 2022, 12:06 pm
Challenging the Lawfulness of the Seizure Dombrowski challenged the lawfulness of the seizure of the 1967 Thunderbird and its search. [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]
7 Jan 2022, 12:06 pm
But, the Fourth Amendment, which protects citizens against unreasonable searches and seizures, requires that the police seek a warrant diligently and within a reasonable period of time. [read post]
2 Jan 2022, 4:01 pm
” And, like the Geneva search warrant, the Swiss Customs Administration’s warrant made clear that the seizure could be challenged through domestic legal proceedings. [read post]
1 Jan 2022, 12:23 pm
In all, Marcus and Wilson cite 36 decisions delimiting the constitutional law of search and seizure through the end of 1971. [read post]
29 Dec 2021, 5:29 am
These competing interests are assessed in recognition of the Fourth Amendment's prohibition of only "unreasonable" searches and seizures. [read post]
29 Dec 2021, 5:01 am
DHS contends that social service agencies "should not be hampered from performing their duties because they have not satisfied search and seizure jurisprudence developed in the context of purely criminal law. [read post]
21 Dec 2021, 6:56 am
Under the Fourth Amendment, police must have a warrant or probable cause to search your home, vehicle, or person unless you give consent to the search. [read post]
17 Dec 2021, 12:47 pm
In Texas, both the state and federal systems of criminal justice offer opportunities for individuals to be “diverted” from the standard route of conviction, sentencing, and imprisonment into any one of a number of alternatives. [read post]
