Search for: "Search/Seizure Warrant"
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18 Dec 2009, 5:21 am
As we review its holding, keep in mind that the plain view doctrine ONLY authorizes a seizure of evidence, not a search for additional evidence. [read post]
17 Dec 2009, 4:12 pm
The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement officers and there are no exigent circumstances. [read post]
17 Dec 2009, 2:25 pm
The consultation document also looks at electronic applications for warrants, the need for greater consistency in time limits for the execution of warrants, the use of reasonable force in their execution, the seizure of material not explicitly referred to in a warrant, and legal professional privilege relating to material found under any search warrant. [read post]
17 Dec 2009, 3:45 am
This was a warrantless search, and, for the most part, the State relied upon the search-incident-to-arrest exception to the warrant requirement. [read post]
16 Dec 2009, 6:04 am
The Ohio Supreme Court yesterday ruled that Fourth Amendment prohibitions against unreasonable search and seizures required police to obtain warrants before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest, even when the search is not necessary to protect the safety of law enforcement officers or there are exigent circumstances.Noting that [read post]
16 Dec 2009, 5:15 am
December 11, 2009): It is a matter of first impression in this Circuit whether the Warrant Clause of the Fourth Amendment governs searches and seizures of U.S. citizens in foreign lands. [read post]
16 Dec 2009, 4:57 am
Because defendant's consent to the search was obtained through exploitation of a prior illegal seizure, suppression of the evidence was required. [read post]
14 Dec 2009, 12:01 am
., Hall, 339 Ore. at 19 (concluding that "it [is] difficult to posit that a reasonable person would think that he or she was free to leave at a time when that person is the investigatory subject of a pending warrant check"). [read post]
13 Dec 2009, 10:44 pm
November 12, 2009).* The DEA's seizure of the premises under Segura while a search warrant was obtained was reasonable. [read post]
12 Dec 2009, 2:30 pm
Constitution protect us from unreasonable searches and seizures. [read post]
11 Dec 2009, 7:18 am
Statute is not applicable where petition neither cited the statute nor alleged that, in committing the theft, the juvenile used or possessed a firearm.Carter, 34 FLW 2444, pg. 2446-7, 4th DCA, Language about suppressing photo lineups, found for the state, may want to save in files.Carter, 34 FLW 2466, search and seizure - prescription records. [read post]
11 Dec 2009, 5:07 am
Defendant's vehicle seizure was with probable cause to believe that it was being used to transport drugs, so it was valid as vehicle search or in aid of forfeiture for transporting drugs. [read post]
10 Dec 2009, 9:00 pm
The Supreme Court relied on the emergency aid exception to the Fourth Amendment's general requirement that a search and seizure at one's home be through a court-issued warrant. [read post]
10 Dec 2009, 11:03 am
The district court issued several search warrants, which resulted in the search of Mayfield's home and office, and the seizure of his computer and paper files, including his children's homework. [read post]
7 Dec 2009, 4:02 am
Lang's method of searching the Farlow computer was "about the narrowest definable search and seizure reasonably likely to obtain the images. [read post]
6 Dec 2009, 12:34 pm
You know the text (or you should).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]
5 Dec 2009, 9:43 am
LAFAVE, SEARCH AND SEIZURE: A TREATISE ON THE FOURTH AMENDMENT § 4.7 (4th ed. 2004). [read post]
4 Dec 2009, 10:21 am
This is where knowledge of probable cause and rules of search and seizure is so important. [read post]
3 Dec 2009, 5:33 am
LA: There is a federal reasonable expectation of privacy in one's drug prescription records requiring a search warrant for access. [read post]
3 Dec 2009, 5:11 am
They cite privacy concerns, issues involving individual civil rights (such as the right to be free from warrant-less searches and seizures) and fundamental changes to the balance struck by international copyright laws. [read post]
