Search for: "Search/Seizure Warrant"
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19 Apr 2008, 11:50 am
But, there is also "soft standard" of probable cause from Gates and the admonition from Ventresca that courts will strive to support a seizure based on a warrant than one without. [read post]
17 Apr 2008, 6:14 am
.* Controlled buy from a corroborated CI is probable cause for issuance of a search warrant. [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
14 Apr 2008, 4:43 am
In fact, the Court in Groh tallied a number of other goals served by the particularity requirement: The requirement prevents "the seizure of one thing under a warrant describing another," id.; prevents the issuance of a warrant "on vague or dubious information," id.; and provides a guarantee to "the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits… [read post]
13 Apr 2008, 7:08 am
It asks for an injunction to block enforcement of the new law and ultimately that the measure be struck down as a violation of the protection against unreasonable search and seizure contained in the Fourth Amendment to the U.S. [read post]
11 Apr 2008, 9:20 pm
It is "well settled that a defendant who fails to demonstrate a legitimate expectation of privacy in the area searched or the item seized will not have 'standing' to claim that an illegal search or seizure occurred. [read post]
11 Apr 2008, 1:37 pm
This case begins with a long narrative of a drug bust with a no-knock warrant. [read post]
9 Apr 2008, 6:40 pm
Amendment IVThe 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.04/09/2008INDIANAPOLIS (AP) - A state legislator says he's confident of the legality of police searches of… [read post]
9 Apr 2008, 4:19 pm
There was also an interesting bit recently that the government believed for more than a year that the Fourth Amendment's prohibition on unreasonable searches and seizures did not apply to anti-terror operations inside the United States. [read post]
9 Apr 2008, 3:18 pm
Constitution -AND- Section 11: Search and seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. [read post]
8 Apr 2008, 10:55 am
That agency usually gets involved in these cases because it has the capacity to conduct a computer forensic analysis and search for unlawful images on computers seized after arrest or through the execution of search warrants. [read post]
8 Apr 2008, 9:47 am
Wexler , No. 06-1571 Conviction and sentence for various offenses involving the distribution of controlled substances and health care fraud related to defendant's medical practices is reversed and remanded in part where: 1) under the buyer-seller rule, the lack of evidence warranted a judgment of acquittal as to a charge of conspiracy to distribute controlled substance that resulted in death; and 2) the sentencing terms might have been different based on defendant's acquitted… [read post]
1 Apr 2008, 2:07 am
Under the attenuation doctrine, courts have found that the poisonous taint of an unlawful search or seizure dissipates when the connection between the unlawful police conduct and the challenged evidence becomes attenuated. [read post]
31 Mar 2008, 8:19 am
The central purpose of the constitutional protection against unreasonable searches and seizures forecloses any distinction between such types of shelters. [read post]
27 Mar 2008, 10:49 am
California search and seizure, california strip searches, strip searches of prisoners, san diego strip searches, strip searches of arrestees, strip searches in jail [read post]
27 Mar 2008, 5:55 am
" Accordingly, the seizure and subsequent search of the videotape did not exceed the scope of the first search warrant. [read post]
26 Mar 2008, 5:23 pm
If we're going that route, then I'd recommend that we start with the Fourth Amendment's protection against "unreasonable" searches and seizures, giving police officers greater discretion in searching persons, homes, and automobiles without a warrant in high-crime urban areas, and further limiting their discretion to conduct warrantless searches in low-crime suburbs. [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]
25 Mar 2008, 8:35 am
Bloom, Searches, Seizures, and Warrants (Praeger 2003). [read post]
25 Mar 2008, 8:35 am
Bloom, Searches, Seizures, and Warrants (Praeger 2003). [read post]
