Search for: "Search/Seizure Warrant"
Results 4701 - 4720
of 5,436
Sorted by Relevance
|
Sort by Date
20 Oct 2020, 2:06 pm
Third, the statute’s inspection program, in terms of the certainty and regularity of its application, must provide a constitutionally adequate substitute for a warrant, that is, it must advise the owner of the commercial premises that the search is being made pursuant to the law and has a properly defined scope, and it must limit the discretion of the inspecting officers. [read post]
8 Sep 2022, 7:57 am
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 6, 2022. [read post]
11 Jun 2018, 8:20 am
However, the may be some tension between Collins and Grice into question, and a cautious officer may wish to seek consent or a warrant before cutting across the curtilage to make a seizure unless exigent circumstances exist. [read post]
11 Jan 2012, 3:38 am
Two other excellent search and seizure decisions were State v. [read post]
30 Mar 2012, 6:44 am
As I’ve noted in earlier posts, the 4th Amendment creates a right to be free from unreasonable “searches” and “seizures. [read post]
26 Apr 2010, 7:05 pm
LaFave, Search and Seizure [3d Ed. 1996] § 3.5 [b], p. 259 n.46.); State v. [read post]
15 Jun 2010, 3:42 am
This is the 19th case out of the 8th involving a search and seizure issue this year, and the 11th time the state has lost. [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]
12 Sep 2011, 2:58 am
Knotts, decided 30 years ago, In the Jones case, the government argued in a brief to the Supreme Court that the Knotts case disapproved of only “widespread searches or seizures that are conducted without individualized suspicion. [read post]
10 Oct 2013, 3:30 am
Constitution to be free in their workplaces, just as they are in their homes, from unreasonable searches and seizures, which includes inspections by OSHA. [read post]
6 Jul 2017, 9:50 am
The driver argued that since Birchfield requires a warrant for a blood draw, and no warrant was obtained in this case, the results of that blood draw must be suppressed. [read post]
20 Dec 2019, 7:37 am
Key Precedent Fourth Amendment to the United States Constitution (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]
21 Mar 2014, 8:41 am
For one thing, the raid presented none of the operational and safety concerns that may justify seizing the occupants of a home during the execution of a criminal warrant. [read post]
4 Oct 2007, 7:25 am
Second, and more importantly, while the Fourth Amendment prohibits "unreasonable searches and seizures," U.S. [read post]
20 Jan 2012, 10:00 am
One idea: some rights are personal (such as the privilege against self-incrimination) and other rights are more structural (like the right to be free from unreasonable searches and seizures). [read post]
29 Apr 2024, 7:33 am
Challenging probable cause involves questioning the validity of the evidence used to justify the arrest or search warrant. [read post]
2 Dec 2014, 1:06 pm
Here is a redacted excerpt from the officer’s affidavit seeking the search warrant:[I, Police Officer] went to the front door in an attempt to contact the homeowner. [read post]
2 Dec 2014, 1:06 pm
Based upon the information provided, the officer was able to convince a judge to sign a search warrant for the cardholder’s home. [read post]
11 Jun 2012, 1:58 pm
Assisting former Megaupload customer Kyle Goodwin “would create a new and practically unlimited cause of action on behalf of any third party who can claim that the government’s execution of a search warrant adversely impacted a commercial relationship between the target of the search and the third party,” the authorities wrote the judge overseeing the prosecution. [read post]
3 Feb 2017, 2:10 pm
Supreme Court’s directive, in the absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties provided in sections 3803 and 3804. [read post]
