Search for: "Search/Seizure Warrant"
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2 Apr 2009, 11:03 am
The officer contacted a judge who signed the search warrant and authorized the forced seizure of the driver's blood for alcohol content testing purposes. [read post]
2 Apr 2009, 6:21 am
March 27, 2009).* Defendant's search incident was justified by the outstanding warrant for her arrest, not the automobile exception. [read post]
31 Mar 2009, 6:08 am
Defendant's 2255 challenge fails because his conditional plea omitted search and seizure claims. [read post]
30 Mar 2009, 6:05 am
In addition, the Supreme Court had explicitly distinguished between the effect of the arrest warrant on the person being arrested-noting that the arrest warrant made his seizure reasonable-versus its effect on the person whose home was entered-noting that the arrest warrant did not permit the search of the home. 451 U. [read post]
29 Mar 2009, 6:45 am
March 20, 2009): Where a search warrant authorizes the seizure of "evidence" of certain identified crimes, the Court determines whether there was cause for the law enforcement officials executing the warrant to believe that the particular item of evidence "will aid in a particular apprehension or conviction. [read post]
27 Mar 2009, 5:32 am
Why did the investigators in the Lemke case get a search warrant for the iPhone instead of relying on the search incident exception? [read post]
26 Mar 2009, 12:06 pm
Search and Seizure in Cyberspace: Fourth Amendment issues abound in P2P child porn case The emergent nature of the Internet has caused the Fourth Amendment rights against unreasonable searches and seizures to be reviewed against the new technology. [read post]
23 Mar 2009, 5:40 am
A waiver of constitutional rights under our constitution must appear by clear and positive testimony, and, if a search or seizure is based upon the proposition that consent was given, there should be no question from the evidence that consent was really voluntary and with a desire to invite search or further questioning, and not done merely to avoid resistance. [read post]
21 Mar 2009, 7:13 am
"However, even after excising the false statements from the affidavit, this Court finds that probable cause still exists in the search warrant. [read post]
19 Mar 2009, 10:01 am
A large majority of drug cases handled by criminal defense lawyers involve search and seizure issues. [read post]
19 Mar 2009, 5:59 am
Searches and seizures inside a home without a warrant are presumptively unreasonable under the Fourth Amendment to the United States Constitution and under its cognate provision in art. 14 of the Massachusetts Declaration of Rights. [read post]
19 Mar 2009, 5:37 am
It is true that the exclusionary rule does not automatically apply each time a search and seizure technically violates the Fourth Amendment. [read post]
19 Mar 2009, 5:30 am
By failing to do so, they violated Lee's constitutional rights to be free from unreasonable searches and seizures. [read post]
16 Mar 2009, 2:25 am
The police seized it from the combined storage area and got a federal search warrant based on the mother's description of what she had seen. [read post]
15 Mar 2009, 4:34 am
" Id.In a less-tempered, but equally persuasive, dissent, Judge Reinhardt (joined by Chief Judge Kozinski and Judges Pregerson, Thomas, and Paez) challenges the majority's characterization of controlling authority: "The majority may wish the law were different, but we must apply it as it is, and the law as of today limits warrantless intrusions into the home for the purposes of a search or seizure to instances in which exigent circumstances exist - that is,… [read post]
14 Mar 2009, 3:36 pm
The constitutions of the United States and the State of New Jersey protect citizens from unreasonable searches and seizures, and a lawyer can help to make sure that your rights are protected. [read post]
12 Mar 2009, 5:53 am
Allard, 634 F.2d 1182, 1187 (9th Cir. 1980) (observing that “post hoc justifications [for searches and seizures] are alien to the Fourth Amendment warrant and reasonableness requirements”). [read post]
11 Mar 2009, 6:06 am
A computer search protocol that involved opening all files under a search warrant was not unreasonable because file extension names can be misleading. [read post]
10 Mar 2009, 11:19 am
The Fourth Amendment of the United States' Constitution affords individual rights pertaining to police search and seizure. [read post]
9 Mar 2009, 7:36 am
It has been told to every law student (and even many non law students) for over two hundred years: The Fourth Amendment to the United States Constitution forbids unreasonable searches and seizures and, for the most part, requires the police to have probable cause or a warrant before making an arrest. [read post]
