Search for: "Search/Seizure Warrant"
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26 Feb 2008, 6:45 am
To the contrary, the Supreme Court has held that the need for a warrant is not relieved by the use of advanced search methods that are imperceptible to the subject of the search. [read post]
25 Feb 2008, 2:39 pm
Belton, which the state said laid down a bright-line rule allowing police to search a vehicle without a warrant following an arrest of the occupant. [read post]
25 Feb 2008, 7:04 am
Belton, which the state said laid down a bright-line rule allowing police to search a vehicle without a warrant following an arrest of the occupant. [read post]
25 Feb 2008, 6:22 am
We know of no broad application of the vehicle search exception to the warrant requirement, however, that underwrites the search of a person who occupied the vehicle prior to the dog sniff. [read post]
22 Feb 2008, 2:39 pm
And in doing so, the legislation obliterates our Fourth Amendment protection against unlawful search and seizure. [read post]
22 Feb 2008, 7:51 am
The Current State of the Law of Border Searches The Fourth Amendment provides in relevant part that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated. [read post]
22 Feb 2008, 7:33 am
You know, the way of life that involves us having certain inalienable rights such as the right to be free from unreasonable search and seizure. [read post]
22 Feb 2008, 7:11 am
Alternatively, there was probable cause for the search shown to support the warrant. [read post]
21 Feb 2008, 8:53 pm
Petitioner asserts that the transcript contains information supporting his claim that he was subjected to an unconstitutional search and seizure. [read post]
19 Feb 2008, 7:04 am
The Court, among three other appeals granted, said it would decide when evidence must be barred from a criminal trial if it was found in a search based on erroneous information from an officer other than the ones who did the search – a test of the scope of the so-called “exclusionary rule. [read post]
14 Feb 2008, 2:54 pm
CAAF remanded the case to the Navy-Marine Corps Court for further consideration of whether evidence derived from a search warrant was impermissibly derivative of the VA seizure or was the result of bad faith misstatements and omissions to the authorizing magistrate. [read post]
8 Feb 2008, 4:44 pm
Unlike search and surveillance warrants doled out against criminal suspects by federal judges, the secret court hands out warrants without even asking what probable cause the government has. [read post]
4 Feb 2008, 5:03 am
Therefore, the court lacks jurisdiction over plaintiff's search and seizure claims. [read post]
3 Feb 2008, 5:21 pm
Had the lawyer protested the legality of the warrant and only proposed the subpoena as a stopgap measure to give the company an opportunity to litigate the issues prior to seizure, the court's implication is that the decision would have been different. [read post]
3 Feb 2008, 2:02 am
See generally 1 LaFave, Search and Seizure § 2.2(b), at 461 (4th ed. 2004). [read post]
31 Jan 2008, 6:36 am
What is more, as the government suggests, see Response at 10, Cashman, who had drafted the proposed Warrant and Affidavit and understood the Warrant only to authorize search for evidence of the crime of reckless conduct, was present throughout the search, including during a briefing at which all participating agents were advised that the Warrant authorized search for evidence of the crime of reckless conduct. [read post]
31 Jan 2008, 4:52 am
Affidavit for search warrant for defendant's premises showed probable cause to search by circumstantial evidence, but it was adequate for the warrant to issue. [read post]
30 Jan 2008, 7:35 am
Mowatt, No. 06-4886 "Conviction for drug and weapons offenses is reversed and remanded where: 1) requiring defendant to open the door to his apartment constituted a warrantless search; 2) no exigent circumstances justified the officers' demand that defendant open his apartment door; and 3) the evidence seized pursuant to the search warrant that the officers eventually obtained was not admissible under the good-faith exception to the exclusionary rule. [read post]
28 Jan 2008, 3:04 am
Officers executed a warrant, arrested defendant, and then found nothing, so they asked for consent to search his truck then an outbuilding not mentioned in the warrant. [read post]
27 Jan 2008, 7:11 am
Thus, while the district court may well be correct in its conclusions about deterrence in this case, under Gutierrez II, the relevant question is not the degree of deterrence; it is whether a defendant's right to be free from unreasonable searches and seizures has been violated. [read post]
