Search for: "Search/Seizure Warrant"
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9 Oct 2008, 8:25 am
The question is who is the government, as the 4th Amendment prohibition against unreasonable searches and seizures is a right of the people against the government. [read post]
8 Oct 2008, 6:44 pm
Yesterday, the Court heard oral argument in two Fourth Amendment cases involving the scope of the rules used to implement that provisions’ protection against unreasonable searches and seizures. [read post]
8 Oct 2008, 12:19 pm
("Omissions may be as bad as commissions"); 1 LaFave, Search & Seizure: A Treatise on the Fourth Amendment § 2.2(g) at 527 n. 357 (4th ed. 2004) (issuance of warrant should require demonstration of dog's reliability). 5. [read post]
8 Oct 2008, 11:37 am
Indeed, under the state search warrant, such a search would not have been permissible. [read post]
7 Oct 2008, 1:38 pm
Existence of a search warrant is not an automatic defense to trespass for wrongful execution of the warrant. [read post]
5 Oct 2008, 7:03 pm
The fifth search warrant was for seizure of all electronic data regarding drug testing, specimens, athlete identification numbers, and drug test results. [read post]
3 Oct 2008, 8:15 am
To be "reasonable," a search and/or seizure has to be predicated in a search warrant or on an exception to the search warrant requirement, such as consent. [read post]
2 Oct 2008, 2:44 pm
State search warrant is not governed by Rule 41 in a federal prosecution. [read post]
1 Oct 2008, 2:10 pm
Search of a computer for child pornography was conducted within a reasonable time, and it does not have to be within the time provided for in the warrant. [read post]
1 Oct 2008, 12:21 pm
The seizure was justified under the plain view doctrine. [read post]
29 Sep 2008, 4:14 pm
Advocates for keeping New Jersey law as is argue that the United States Constitution contains protections against illegal searches and seizures, and that even if obtaining a warrant is an extreme burden, it is a burden the Constitution envisioned. [read post]
29 Sep 2008, 10:18 am
Winters [obtained] a federal search warrant . . . [read post]
29 Sep 2008, 6:58 am
In most instances, the damage done by police in the execution of a search warrant, though usually needlessly extensive and intrusive, can be repaired. [read post]
24 Sep 2008, 9:50 pm
Since the hearing record did not show that probable cause existed as such time, this was unlawful in that[a]lthough they did not search the automobile until the search warrant had been obtained, "there is no lesser invasion in the detention or holding of an automobile while a warrant [is] obtained than in an immediate entry of an automobile to search for contraband or evidence" (People v Singleteary, 35 NY2d 528, 533; see People v Brosnan, 32… [read post]
23 Sep 2008, 4:00 am
Again and again, judges issue search and arrest warrants; and refuse to suppress stops, searches, seizures, and interviews of defendants, without carefully enough considering whether the cops are telling the truth and whether their information is sufficiently reliable or sketchy. [read post]
21 Sep 2008, 8:34 am
Search warrant for a boat on a trailer permitting seizure of finger and palm prints in plain view even though they were not mentioned in the warrant. [read post]
19 Sep 2008, 6:14 pm
Generally, the police need to have a search warrant to conduct a search of your home. [read post]
15 Sep 2008, 8:29 pm
Berkos, No. 07-2294 Denials of motions to suppress and conviction for failure to pay child support are affirmed where: 1) a magistrate judge may properly issue a search warrant ordering the search and production of electronic evidence pursuant to 18 U.S.C. section 2703(a), where the warrant is directed to an out-of-state internet service provider; and 2) there was sufficient probable cause supporting a warrant to search defendant's home. [read post]
11 Sep 2008, 7:41 am
Sheahan, 467 F.3d 1057 (7th Cir. 2006), that offers a fascinating view of what constitutes cause for a Terry stop, frisk, search and seizure. [read post]
9 Sep 2008, 5:42 pm
October appears to the Search and Seizure and Federal Habeas Corpus Month at the Supreme Court. [read post]
