Search for: "Search/Seizure Warrant"
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15 Jul 2011, 3:07 pm
Weekly D1505dCivil rights -- Search and seizure -- Detention -- Occupant of premises to be searched -- Plaintiff, who was seized by law enforcement and detained for up to two hours while officers searched residence of her son failed to establish a Fourth Amendment violation, even if alleged facts were proven to be true at trial -- Initial seizure and detention in front yard of house known by law enforcement to be involved in distribution of controlled… [read post]
22 Oct 2018, 5:12 am
Racial profiling, harassment, and discriminatory searches and seizures are prohibited by the Constitution, as the Supreme Court has made clear when interpreting the exact law that Border Patrol operates under. [read post]
25 Jan 2010, 6:15 am
There's a law for both: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [read post]
3 Oct 2007, 6:25 am
As plaintiffs allege, when proceeding pursuant to FISA, "there is no [need for] showing or finding that a crime has been or is being committed, as in the case of a search or seizure for law enforcement purposes. [read post]
6 Feb 2015, 4:07 pm
Under Fourth Amendment jurisprudence, warrantless searches and seizures are presumed unreasonable unless there exists an established exception. [read post]
15 Jun 2015, 1:57 pm
[Do criminal defendants charged using evidence derived from back door searches get notice of those back door searches?] [read post]
18 Mar 2012, 8:38 am
We also benefitted from input by staff from several specialist groups who contributed their expertise before and during the termination phase.” Ten search warrants were executed at addresses across Auckland and equipment including computers and documents were seized for evidential purposes. [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]
22 Jun 2011, 2:57 am
Police use this information to obtain a search warrant.3. [read post]
12 Jan 2011, 1:42 pm
And, at the top of the scale, for certain information, the government must obtain a search warrant, issued by a judge based on a showing of probable cause to believe that a crime has been committed and that evidence relevant to the crime is likely to be obtained by the disclosure. [read post]
10 Jul 2018, 5:00 am
While there is a strong case that searches of data that is physically located in the U.S. enjoy Fourth Amendment protections, law enforcement may take the position that even if the Fourth Amendment applies, a warrantless seizure of content of a non-U.S. person abroad is constitutional because it is reasonable. [read post]
21 Apr 2015, 12:18 pm
LaFave, Search and Seizure §9.3(c), pp. 507–517 (5th ed. 2012). [read post]
5 Jul 2014, 3:05 pm
If the police have “probable cause” given other evidence available they can order a warrant from the judge on call, to draw your blood to test it for drugs or alcohol without your consent. [read post]
5 Jul 2014, 3:05 pm
If the police have “probable cause” given other evidence available they can order a warrant from the judge on call, to draw your blood to test it for drugs or alcohol without your consent. [read post]
9 Mar 2021, 7:54 am
” Appeals Court’s Holding and Analysis Because Detective Sandoval had neither a warrant nor probable cause to search the car, the Appeals Court focused primarily on whether the officer conducted a lawful inventory search. [read post]
21 Nov 2009, 6:37 am
As part of Tuesday's operation, ICE and Border Patrol agents, with assistance from the San Diego Sheriff's Department and California Highway Patrol, executed search warrants at several locations allegedly used by the organization to support the smuggling scheme, including the suspected ring leader's Chula Vista apartment and a National City business. [read post]
26 Feb 2016, 12:17 pm
Constitution, which protects people from unreasonable searches and seizures. [read post]
1 Nov 2012, 10:32 am
Law enforcement officers obtained his DNA pursuant to a search warrant. [read post]
26 Feb 2016, 12:17 pm
Constitution, which protects people from unreasonable searches and seizures. [read post]
18 Jan 2013, 9:56 am
This statute has been challenged numerous times on the basis of the Fourth Amendment’s guarantee that citizens shall be free from unreasonable searches and seizures, and it has proven legally sturdy to this point. [read post]
