Search for: "Search/Seizure Warrant"
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14 Jan 2009, 6:31 am
"Sloppy police work and a Barney Fife policeman's exception to exclusion.Here is Chief Justice Roberts' lead in to the opinion and it gives a good synopsis.The Fourth Amendment forbids "unreasonable searches and seizures," and this usually requires the police to have probable cause or a warrant before making an arrest. [read post]
14 Jan 2009, 1:16 am
Craig, Assistant Attorney General.Facts/Discussion: Wilson contended that the district court erred when it found that a police officer's use of a patrol car computer to search for outstanding warrants did not constitute search and seizure. [read post]
13 Jan 2009, 12:28 pm
At trial, the man's attorney argued that the phone search violated the man's Fourth Amendment right to freedom from unreasonable searches and seizures. [read post]
13 Jan 2009, 6:10 am
The fourth proclaims the right to be secure in person and effects against unreasonable search and seizure, and directs that a judicial warrant shall not issue "without proof of probable cause supported by oath or affirmation. [read post]
8 Jan 2009, 5:53 am
Without it the constitutional guarantee against unreasonable searches and seizures would be a mere form of words. [read post]
7 Jan 2009, 5:22 am
Weaver, 282 F.3d 302, 309-10 (4th Cir. 2002)* (unpublished): [g]enerally speaking, a "seizure" warranting protection of the Fourth Amendment occurs when, in view of the totality of the circumstances surrounding the "stop," a reasonable person would not feel free to leave or otherwise terminate the encounter. [read post]
5 Jan 2009, 3:34 am
Here it is:Section 1(1) above has effect without prejudice to the operation--(a) in England and Wales of any enactment relating to powers of inspection, search or seizure; and(b) in Scotland of any enactment or rule of law relating to powers of examination, search or seizure. [read post]
2 Jan 2009, 6:39 am
July 3, 2008), held that zoning inspectors are required by the Fourth Amendment's search and seizure clause must obtain a warrant if the zoning ordinance they are purporting to enforce can lead to criminal prosecution. [read post]
1 Jan 2009, 7:35 am
Administrative search warrant for animal control violations was issued with probable cause and was sufficiently particular for "animals" in violation of law. [read post]
31 Dec 2008, 7:12 pm
This is a direct violation of the fourth amendment, and is more communist BS to get around the search and seizure and search warrant issues. [read post]
29 Dec 2008, 5:01 am
Last month, a routine call to investigate a suspicious vehicle ended up resulting in seizure of approximately $250,000 of marijuana in Freehold. [read post]
21 Dec 2008, 11:02 am
A national security letter (NSL) is a document that allows the FBI to obtain information about you without first getting a warrant from a judge, which means without your 4th Amendment rights against unreasonable search and seizure being protected. [read post]
16 Dec 2008, 1:25 pm
As for the second element, Patricia argued that Louis's Fourth (unreasonable searches and seizures) and Fourteenth Amendment (due process) rights were violated. [read post]
16 Dec 2008, 12:11 pm
"[A]n outstanding arrest warrant deprives its subject of the reasonable expectation of privacy the Fourth Amendment protects, the exclusionary rule does not apply to a search and seizure of the subject that would otherwise be illegal because of a Terry violation. [read post]
15 Dec 2008, 11:07 pm
The purpose of the Exclusionary Rule is to deter the police from conducting illegal searches and seizures. [read post]
12 Dec 2008, 11:49 am
Here’s Justice Scalia’s remark during oral argument: I guess what about — I –I guess if we held that you could do this, this pat-down search here, it would probably carry forward to any other kind of seizure like a — a roadblock to inspect for drunken driving or anything like that? [read post]
11 Dec 2008, 4:38 pm
Nov. 21, 2008) In this class action case alleging unlawful searches and seizures of plaintiffs’ homes, a discovery dispute arose regarding the production of metadata. [read post]
11 Dec 2008, 12:37 pm
Under Terry, stop-and-frisk is a two-step process: a reasonable suspicion of criminal activity warrants a stop, and a reasonable suspicion that the suspect is armed and dangerous justifies a frisk. [read post]
8 Dec 2008, 4:40 pm
" The Fourth Amendment says: "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]
8 Dec 2008, 1:49 pm
But the search (and seizure) warrant authorizing the use of the logger program authorized the seizure of the keystrokes, so I think it covered all the bases there. [read post]
