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26 Aug 2009, 1:31 pm
” Judge Cooper also found that, in conducting the seizure in the manner it did, “[t]he Government demonstrated a callous disregard for the rights of those persons whose records were seized and searched outside the warrant. [read post]
26 Aug 2009, 7:48 am
The magistrate issued a search warrant with all sorts of conditions designed to prevent the feds from digging around in anyone else's records. [read post]
26 Aug 2009, 7:48 am
The magistrate issued a search warrant with all sorts of conditions designed to prevent the feds from digging around in anyone else's records. [read post]
26 Aug 2009, 6:08 am
Inevitable discovery supported the seizure despite an illegal search of the briefcase. [read post]
26 Aug 2009, 5:45 am
The warrant permitted seizure of drug evidence and anything else in violation of the law. [read post]
25 Aug 2009, 7:01 am
The 1998 search incident with plain error review: In 1998, an unwarranted search incident to a custodial arrest constituted an exception to the warrant requirement of the Fourth Amendment where the search was necessary to assure an officer's safety or preserve evidence. [read post]
24 Aug 2009, 6:53 am
In this appeal, he challenges, the legality of the search of his residence under both the Wyoming and United States Constitutions.Issues: Whether law enforcement's entry into the Appellant's residence a violation of the Appellant's Fourth Amendment right to be free of unreasonable search and seizure as guaranteed by the Constitution of the United States. [read post]
23 Aug 2009, 4:02 pm
If someone were arrested for a traffic violation, for example, the police can't conduct a general search of the vehicle without first obtaining a warrant. [read post]
22 Aug 2009, 6:56 am
Defendant consented to the seizure. [read post]
20 Aug 2009, 1:21 pm
But defense attorney Rene Palomino, Jr., says the earlier search may have been unlawful, and could have legally tainted the case: The disk image may have been used by U.S. authorities to obtain a provisional arrest warrant for Yastremskiy in California, and it was that warrant that led Turkish authorities to arrest him and seize his laptop. [read post]
20 Aug 2009, 12:20 am
The Council on American-Islamic relations issued a press release calling the decision "a victory for all Americans who value the constitutional rights to due process and freedom from unreasonable search and seizure. [read post]
19 Aug 2009, 1:51 am
And I think that's probably true; the 4th Amendment was created to address the traditional kind of searches and seizures but that doesn't mean it can't - and shouldn't - be interpreted to apply to nontraditional searches and seizures. [read post]
17 Aug 2009, 8:29 pm
The Supreme Court saw only a limited number of instances that would bar evidence obtained in an "unreasonable" search: those requiring a significant deterrent against police misconduct; those in which there was an intentional and reckless violation of the Constitution's protection against search and seizure; and those involving systematic violations by police of search and seizure protections. [read post]
17 Aug 2009, 9:10 am
Search warrants can be acquired when a person reports finding child pornography on a computer. [read post]
15 Aug 2009, 5:44 am
The warrant was sufficient and permitted seizure of child porn after it was discovery. [read post]
14 Aug 2009, 4:33 pm
The dispensary just happened to be in the same building at which they were executing search warrants. [read post]
12 Aug 2009, 1:57 pm
Assets are seized by law enforcement incident to arrest, a search warrant, consent or with a seizure order. 3. [read post]
11 Aug 2009, 10:24 am
His vehicle was then searched without a warrant and without probable cause. [read post]
11 Aug 2009, 5:50 am
Eventually the defendant entered a conditional plea and took the issue of seizure up. [read post]
10 Aug 2009, 7:35 am
The monitored telephone conversations resulted in the issuance of arrest warrants and search warrants at various locations throughout Bristol County. [read post]