Search for: "Search/Seizure Warrant"
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13 Jun 2018, 9:00 pm
That would be an unconstitutional search and seizure under the Fourth Amendment. [read post]
3 Sep 2013, 10:55 am
It is also an area where Constitutional rights are often tossed to the winds so that a search and seizure can be justified. [read post]
22 Aug 2013, 5:53 pm
Michael Mayes, that a new trial was warranted because the state’s key witness, Dr. [read post]
10 Jul 2024, 4:14 pm
— the trial court in this case (1) assumed that collecting the records was a Fourth Amendment search; (2) adopted a very narrow view of how broadly warrants for such records can extend, under which the Chatrie geofence warrant was plainly unconstitutional; and then (3) upheld the collection of records anyway under the good-faith exception to the warrant requirement because it was such a novel issue. [read post]
15 Jan 2014, 9:01 am
For instance, the 4th Amendment generally requires a subpoena based upon a sworn affidavit that has been approved by a judge to have sufficient cause to allow (”warrant”) the search and seizure. [read post]
29 Jul 2019, 8:56 am
Unlawful search and seizure. [read post]
17 May 2016, 9:51 am
Feb. 5, 2015) (unpublished) (an officer posed as a fictitious 16-year-old girl on Facebook, became “friends” with the defendant, and engaged in sexually-oriented private message communications with him; in the absence of a warrant, this was an unreasonable search and seizure) United States v. [read post]
17 May 2016, 9:51 am
Feb. 5, 2015) (unpublished) (an officer posed as a fictitious 16-year-old girl on Facebook, became “friends” with the defendant, and engaged in sexually-oriented private message communications with him; in the absence of a warrant, this was an unreasonable search and seizure) United States v. [read post]
23 Feb 2023, 12:42 pm
Soon after the seizure, Perry shared news of it with Fox News in an official statement. [read post]
15 Aug 2022, 12:58 pm
When it happens without (1) the Ring owner’s consent or (2) any search warrant oversight it becomes downright frightening. [read post]
21 Jul 2008, 8:59 pm
Polk, No. 06-16418 In a 42 U.S.C. section 1983 action alleging, inter alia, that police unconstitutionally executed a knock-and-announce search warrant by failing to wait long enough for plaintiffs to open the door before breaking it down, judgment pursuant to a jury verdict for defendants is affirmed where: 1) there was no error in submitting to the jury the issue of whether execution of the search warrant was reasonable given the totality of the circumstances;… [read post]
26 Mar 2008, 12:32 pm
[iv] If the pat-down search yields evidence connecting the suspect to the crime, that evidence can be used in the criminal trial against that suspect even though the police conducted the search without getting a warrant. [read post]
12 Oct 2021, 2:24 pm
In Texas, it is possible for the testimony of a minor to result in the conviction of an adult for a felony sex crime involving child sex abuse. [read post]
19 Feb 2021, 4:02 pm
For no-knock warrants, litigators can compile video recordings with similar fact patterns and argue the police use of force violates the same searches and seizures rights protected by the Fourth Amendment. [read post]
27 Apr 2017, 7:59 am
United States 16-402 Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth Amendment. [read post]
10 May 2017, 6:26 am
United States 16-402 Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth Amendment. [read post]
22 Oct 2011, 5:40 pm
STATE OF FLORIDA, Appellee. 1st District.Criminal law -- Trafficking in cannabis -- Search and seizure -- Warrant -- Where warrant authorized officers to enter and search the premises and curtilage, including any vehicles and/or temporary structures within the curtilage and all persons found on the premises, for certain items, including “titles, receipts and any other documents and records evidencing illegal activity, or that would lead to the… [read post]
22 Jan 2011, 6:08 pm
Usually, the Fourth Amendment requires the police to have a warrant before they can enter and search a home or other place where someone has a “reasonable expectation of privacy. [read post]
17 Aug 2021, 9:26 am
Following a canine alert, a search warrant for the second package was obtained. [read post]
3 Aug 2010, 4:17 am
Unlawful seizure was her primary claim: The Fourth Amendment provides that people are "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, ... and no Warrants shall issue, but upon probable cause ... . [read post]
