Search for: "Search/Seizure Warrant"
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9 Jun 2008, 1:08 pm
Guns found in a search warrant for drugs may be seized because they are in plain view. [read post]
9 Jun 2008, 1:44 am
" Finding that the searches were conducted without such consent and that the seizures of the computers resulted solely from the warrantless search of the Casey computer prior to the issuance of a search warrant, the motions made by both Wilkinson and Casey to suppress the resulting evidence was granted by Justice Fahey.N.B. [read post]
7 Jun 2008, 6:38 pm
June 5, 2008): In addressing this issue, we are guided by the well-settled principle that "where there is no legitimate expectation of privacy, there is no search or seizure" under the Fourth Amendment (United States v Moran, 349 F Supp 2d 425, 467 [2005]). [read post]
6 Jun 2008, 9:19 am
June 3, 2008), getting a new trial in a Oklahoma federal prosecution for obstructing an official proceeding and providing unlawful notice of a search or seizure warrant. [read post]
4 Jun 2008, 2:08 pm
After the seizure, OSI figured out that they should get a written search authorization. [read post]
1 Jun 2008, 9:22 pm
The seizures of hidden guns was valid. [read post]
1 Jun 2008, 5:01 am
To be "reasonable" a search and/or seizure must be conducted (i) pursuant to a valid search warrant issued by a magistrate or (b) pursuant to an exception to the search warrant requirement, such as consent (I waive my Fourth Amendment rights) or exigent circumstances (police don't have to get a warrant, say, to break into a home if they have probable cause to believe there's a bomb inside). [read post]
1 Jun 2008, 1:43 am
Particularity of Search Warrant: "[W]hether a warrant that describes particular documents authorizes the seizure of a computer where, as here, the searching agents reasonably believed that documents specified in the warrant would be found stored in the computer. [read post]
30 May 2008, 3:13 am
What the opinion tells us about the evidence involving the emails and chats is this:During . . . their investigation, police obtained a search warrant for computer equipment located in defendant's home. [read post]
27 May 2008, 9:50 am
Smith, No. 07-1375 A sentence for possession of a firearm by a felon, arising from a search of defendant's residence while he was serving a sentence as a prisoner in a community residential home, is affirmed where: 1) an individual participating in a community residential program has as much of an expectation of privacy as a prisoner in his jail cell since they are treated as prisoners; 2) defendant was informed that officers had the freedom to enter his home and search the… [read post]
26 May 2008, 9:47 pm
Yes, they still needed a warrant to enter, to search for drugs.So, the essence of S-431, DEMANDS from the RSO something which is in his home, and if s/he doesn't give it willingly, they will be prosecuted for violating the registry law. [read post]
25 May 2008, 8:18 pm
United States 12-18-1967Question:Does the Fourth Amendment protection against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone? [read post]
25 May 2008, 9:18 am
After the seizure, OSI figured out that they should get a written search authorization. [read post]
25 May 2008, 9:03 am
Here, a spreadsheet was found and that led to a search warrant for the computers. [read post]
22 May 2008, 4:50 am
In these circumstances, caseworkers can take preliminary steps short of searches, such as interviewing the child and a parent, or obtaining a warrant either personally to conduct a search or to have a doctor perform the search. [read post]
21 May 2008, 7:06 pm
The officer questioned Burdick, but he refused a search of his vehicle. [read post]
19 May 2008, 8:39 am
Constitution: Fourth Amendment, Search and SeizureAmendment Text: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]
18 May 2008, 8:16 am
"); Verdugo-Urquidez, 494 U.S. at 274-75, 110 S.Ct. 1056 (holding the Fourth Amendment does not protect nonresident aliens against unreasonable searches or seizures conducted outside the sovereign territory of the United States); Zadvydas v. [read post]
16 May 2008, 11:38 pm
Whether the child seizures will stick on the civil side is another matter, but nearly all their evidence for possible criminal prosecutions appears tainted.I've argued previously why I think the search warrant was based on bogus information, and evidence keeps trickling out that confirms law enforcement knew or should have known the original complaint call was a hoax before they went in.Now comes news that minor FLDS children are being interrogated by law enforcement… [read post]
15 May 2008, 3:53 am
The Court held that the Federal Rules of Civil Procedure did not authorize search warrants. [read post]
