Search for: "Search/Seizure Warrant"
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24 May 2009, 7:48 pm
In the case at bar there was absolutely no justification - either relating to exigent circumstances or the nature of the search or seizure effected - for not obtaining a search warrant.' While the police in Spinelli entered private property to seize the stolen truck, the Blazer was already in police custody, either in a secure area or on a public street near the precinct. [read post]
24 May 2009, 9:11 am
May 20, 2009): The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. [read post]
22 May 2009, 2:44 pm
But even exigent seizures grounded on probable cause must be reasonable and the police must act with alacrity in obtaining a follow-on search warrant or the seizures will be held to violate the Fourth Amendment. [read post]
20 May 2009, 9:00 pm
Administrative search powers are not rare, at least as directed against businesses — fire-safety, food and workplace-safety regulators generally don’t need warrants to enter a business. [read post]
20 May 2009, 4:59 am
LaFave, Search and Seizure § 9.4(a), at 428 & n.81 (4th ed. 2004) (collecting cases where encounter becomes seizure when law enforcement official holds individual's identification papers or other property). [read post]
19 May 2009, 8:32 pm
Of course, It may also have something to do with the fact that detectives with the drug unit had been investigating the Defendant prior to the execution of the search warrant, which was complete with a drug-sniffing State Police dog. [read post]
18 May 2009, 5:52 am
Search warrant for business records in the ongoing Dr. [read post]
18 May 2009, 5:39 am
The mere fact that the officers could have obtained the warrant at an earlier time does not render the search or seizure invalid. 5. [read post]
17 May 2009, 6:58 am
[*P28] "*** [I]t is unnecessary and ill-advised to import into the law surrounding the constitutional right to be free from unreasonable searches and seizures subtle distinctions, developed and refined by the common law in evolving the body of private property law which, more than almost any other branch of law, has been shaped by distinctions whose validity is largely historical. [read post]
16 May 2009, 4:00 am
April 27, 2009).* Officers obtained third party consent but waited for a search warrant to search defendant's bedroom. [read post]
14 May 2009, 9:05 pm
Supp. at 213, that the search or seizure did not violate the Fourth Amendment. [read post]
14 May 2009, 4:50 pm
As for now, in NY and by the slimmest of margins, the majority's opinion held: There was a search under the New York State Constitution (by using the GPS device); and The search was illegal because it was executed without a warrant and without justification under any exception to the warrant requirement. [read post]
14 May 2009, 11:40 am
The Orange County Register reports that the Huntington Beach Police Department has obtained a search warrant to locate the individual responsible for posting an online threat to “hunt down” two of its officers. [read post]
13 May 2009, 3:21 am
As I've explained in earlier posts, the 4th Amendment creates a right to be free from unreasonable searches and seizures, which means that reasonable searches and seizures do not violate that amendment. [read post]
12 May 2009, 3:40 am
GrantIn a 5-4 vote, the United States Supreme Court ruled on a critical aspect of Search & Seizure law that police officers have previously stepped over to gain access to evidence they would otherwise not obtain without a search warrant.The US Supreme Court ruled that once a suspect is placed under arrest, police may search the suspect’s vehicle without a search warrant only if the suspect is within reach of the vehicle, or the police… [read post]
11 May 2009, 2:27 pm
The Court concludes the cops can and that no Fourth Amendment search or seizure even occurs. [read post]
11 May 2009, 4:54 am
Aside from anything else, this case illustrates how important it is for officers to use very precise language when they ask someone to consent to a search (or, to a lesser degree, to a seizure of property). [read post]
11 May 2009, 1:57 am
Any other conclusion would allow the administrative inspection exception to swallow the Fourth Amendment's warrant requirement for searches of private property. [read post]
10 May 2009, 6:18 am
An appeals court in Madison, Wisconsin says yes.The idea is that it's not a search or seizure, because it only lets the police see what they would see if they followed you around watching you. [read post]
6 May 2009, 11:16 am
In this case (PDF here), officers obtained a warrant and ordered the search of a murder suspect's in-laws' property. [read post]
