Search for: "Search/Seizure Warrant"
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17 Jul 2009, 6:58 am
While Garland and Williams identify other issues presented by computer searches, I believe the particularity requirement of the 4th Amendment is going to be the key to evaluating search warrants seeking to seize computers from a defendant. [read post]
16 Jul 2009, 8:21 pm
search was seized legally pursuant to the search warrant or the plain view doctrine. [read post]
14 Jul 2009, 11:31 pm
As you may know, in the Gorshkov case FBI agents copied data from a computer Gorshkov used in Russia, without first obtaining a search and seizure warrant. [read post]
13 Jul 2009, 9:02 am
Everyone has a Fourth Amendment right to be free from unreasonable searches and seizures. [read post]
12 Jul 2009, 10:27 pm
Defendant's girlfriend sufficiently controlled the safe in her house and she could consent to police seizure of the safe, which was later opened with a search warrant. [read post]
12 Jul 2009, 1:36 pm
" Yoo further opined that electronic surveillance in "direct support of military operations" did not trigger constitutional rights against illegal searches and seizures, in part because the Fourth Amendment is primarily aimed at curbing law enforcement abuses. [read post]
9 Jul 2009, 12:26 pm
They conducted a search of his home, presumably pursuant to a search warrant. [read post]
9 Jul 2009, 11:47 am
The photos were used to obtain a search warrant. [read post]
9 Jul 2009, 4:35 am
There is no dispute that there was no warrant to search the car. [read post]
6 Jul 2009, 7:34 am
Category: Recent Decisions;Search and Seizure Body: Below are the search and seizure Appellate Court opinions issued in June 2009: AC29769 - State v. [read post]
5 Jul 2009, 5:01 pm
Ohio (freedom from unlawful searches and seizures: the police right to frisk without a warrant was affirmed)392 U.S. 1; 88 S. [read post]
4 Jul 2009, 6:10 am
June 29, 2009).* Police came to an apartment building to execute a search warrant, and they concluded that the number of house violations was substantial, and they called the housing code enforcers and they decided that the building should be condemned. [read post]
25 Jun 2009, 10:13 am
If so, there is no problem with the search because the suspect consented to the search and seizure. [read post]
25 Jun 2009, 4:00 am
A pursuit is thus not a search or seizure subject to the Fourth Amendment's requirements. [read post]
24 Jun 2009, 6:00 am
Arguably, if the power given to police to obtain personal information without a warrant or judicial oversight is contrary to section 8 of the Canadian Charter of Rights and Freedoms, which guarantees that everyone has the right to be secure against unreasonable search or seizure. [read post]
23 Jun 2009, 11:20 pm
" He argued that under "those statutes law enforcement needs a search warrant, court order or subpoena to obtain customer information". [read post]
23 Jun 2009, 1:32 pm
Was this a proper search of the defendant's property and seizure of the marijuana? [read post]
19 Jun 2009, 2:10 am
This post is about the nature of the information police officers rely on to get a magistrate to issue a search warrant.As I've explained, the 4th Amendment's default position is that to be "reasonable" a search (and seizure) must be conducted pursuant to a search (and seizure) warrant.And as I noted in an earlier post, to get a warrant, officers must present the magistrate who an issue the warrant with information… [read post]
18 Jun 2009, 10:24 am
Once upon a time, in the land that would one day become the United States of America, law enforcement officers of the King of England were allowed by the King to stop and search citizens of the land without the need for specific warrants. [read post]
18 Jun 2009, 7:19 am
It further states that search warrants may be issued only upon a finding of probable cause. [read post]
