Search for: "Search/Seizure Warrant"
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14 Mar 2023, 10:32 am
This means police must have a warrant before searching you or your property. [read post]
8 Aug 2013, 7:41 pm
There is no difference between what the NSA is doing then a random and unwarranted search of your house, for no reason and with no search warrant, which results in no arrests because the victim is a law abiding citizen. [read post]
21 Jul 2021, 7:03 am
” Notes and Quotes: To argue that the community caretaking exception to the warrant requirement applies the State has the burden of proving that: (1) a search or seizure within the meaning of the Fourth Amendment has occurred; (2) if so, that under the totality of the circumstances an objectively reasonable basis for a community caretaking function is shown; and (3) if so, that the public need or interest outweighs the intrusion upon the privacy of the individual. [read post]
21 Apr 2017, 4:59 am
Search warrants for cellphone data? [read post]
5 Nov 2019, 2:24 am
Someone had selected that particular dorm room to search, and investigators apparently had found no other evidence justifying the search beyond the study to include in the warrant affidavit. [read post]
25 Jan 2021, 9:36 am
And we thus affirm the denial of the motion to suppress without reaching the ultimate question of the reasonableness of the search or seizure in question (as an element of a traffic stop or an encounter incident to community caretaking). [read post]
28 Sep 2017, 9:45 pm
Consider the Fourth Amendment: 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.And I get it that the Constitution doesn't say anything about an exclusionary rule for… [read post]
5 Dec 2021, 11:00 pm
Typically, you want to consent at this point because an officer will get a search warrant in a few minutes, get your blood, and suspend your license for a year. [read post]
4 Jan 2021, 6:16 pm
California (2014), in which the Court held that warrantless search and seizure of the data on a cell phone upon arrest was unconstitutional; and Carpenter v. [read post]
21 Feb 2019, 9:01 am
Against that constitutional backdrop, the CCA concluded in Sims: “Whether a particular government action constitutes a ‘search’ or ‘seizure’ does not turn on the content of the CSLI records; it turns on whether the government searched or seized ‘enough’ information that it violated a legitimate expectation of privacy. [read post]
11 Aug 2022, 4:00 am
We will soon learn if a criminal case can be brought on the fruits of this search. [read post]
1 Aug 2007, 1:54 pm
Under current Fourth Amendment search and seizure law, those two types of surveillance are treated differently. [read post]
20 Apr 2016, 10:16 pm
I would nearly worship at the altar of the Fourth Amendment if the courts gave its words real teeth: “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]
29 Jan 2018, 9:00 am
” When the court heard the motion, defense counsel argued that the officers “didn’t put [enough information] in the four corners of [the application]” to support the issuance of what counsel variously described as a “search warrant,” a “wire tap,” and a “trap. [read post]
26 Nov 2012, 3:48 am
A proposed amendment would require the police to obtain a warrant to search e-mail, no matter how old it was, updating a provision that currently allows warrantless searches of e-mails more than 180 days old. [read post]
20 Mar 2015, 4:51 am
By gaining consent, law enforcement officers can bypass the need for a warrant. [read post]
30 Jul 2012, 3:47 am
Harris, involves a different aspect of search and seizure law, probable cause. [read post]
30 Oct 2024, 8:34 am
Unlawful Search and Seizure One of the most effective defences against drug trafficking charges in Toronto involves challenging how the police obtained the evidence. [read post]
18 Sep 2010, 7:19 am
In the background, I could hear a woman plaintively, pointlessly arguing over the seizure of a bottle of hand sanitizer. [read post]
29 May 2024, 5:23 am
By knowing your rights, you can help protect yourself from potential injustices such as wrongful arrests, unlawful searches and seizures, and unfair treatment during the trial process. [read post]
