Search for: "Search/Seizure Warrant"
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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]
24 Jan 2010, 10:15 pm
LEXIS 410 (2d DCA January 22, 2010)*: This is not a typical suppression case in which a seizure is made without a warrant and the State has the burden to prove that it had constitutional authority to make a warrantless search and seizure. [read post]
23 Jan 2010, 10:07 pm
[and it is] of even greater importance where, as here, a point of law relating to the scope of a Fourth Amendment search and seizure was not yet settled at the time the warrant issued "); United States v. [read post]
23 Jan 2010, 10:01 pm
Nothing was seized however, and the subsequent search warrant was issued with probable cause, given the “great deference” that search warrants get, and that was an independent basis for the search. [read post]
21 Jan 2010, 8:41 pm
Two circuit splits on computer search and seizure in two days - not bad. [read post]
21 Jan 2010, 7:52 am
However, without these exception, the police need a warrant. [read post]
20 Jan 2010, 9:26 am
However, none of the cases cited by the Government stand for the proposition that an individual running P2P software thereby loses his Fourth Amendment `standing’ to challenge a search which involves entry into his home and the seizure and subsequent search of his entire computer. [read post]
20 Jan 2010, 3:15 am
One is search the house without a warrant. [read post]
19 Jan 2010, 2:21 pm
In most states, measures of a more serious nature can only be taken if letters rogatory have been issued by a judge: this would be the case for a measure such as detention, but also for searching persons or premises, provisional seizure of property, documents or money, restrictions on freedom of movement. [read post]
19 Jan 2010, 9:51 am
In order to provide information necessary to meaningful monitoring of the agency’s compliance, participating agencies would have to maintain a periodically updated, publicly accessible registry of all searches and seizures conducted by the agency’s personnel, including warrants issued at the agency’s behest, and complaints received from the public. [read post]
19 Jan 2010, 3:30 am
Attorney Sam's Take: The Defendant’s tale presents several search and seizure issues. [read post]
18 Jan 2010, 5:49 am
As I noted in an earlier post, applying that requirement to digital searches and seizures can be a bit tricky. [read post]
14 Jan 2010, 5:05 am
" If that were to happen, I suspect it would reveal improprieties by authorities that would invalidate the search warrant used to get onto the property. [read post]
13 Jan 2010, 3:24 am
Further, referring to Lord Justice Ward's suggestion that search and seizure warrants should be used to obtain documents, he says that this is a "costly fiction" that "would draw out litigation and result in yet more of the assets on the table going to the lawyers". [read post]
12 Jan 2010, 2:23 pm
It is also not uncommon for the search warrant which allowed for the seizure of the computer to be deficient in some respect. [read post]
11 Jan 2010, 5:57 am
In other words, he argued that the search and seizure violated the 4th Amendment. [read post]
8 Jan 2010, 2:27 pm
" Crossing state lines by allowing an Ohio court to determine when California citizens and property are subject to search and seizure crosses this constitutional line. . . . [read post]
8 Jan 2010, 10:19 am
A federal district court in Texas recently handed down a new case on the scope of computer warrant searches that shows how important and yet uncertain the rules of computer search and seizure are these days: United States v. [read post]
8 Jan 2010, 6:26 am
"When the criminal activity pervades that entire business, seizure of all records of the business is appropriate, and broad language used in warrants will not offend the particularity requirements. [read post]
7 Jan 2010, 12:20 pm
If a person is arrested on a 3 year old theft warrant, is the remote chance that there will be physical evidence in that vehicle at the point of arrest a sufficient basis to outweigh a person's Constitutional right to be free from unreasonable searches and seizures? [read post]
