Search for: "Search/Seizure Warrant"
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24 Dec 2007, 2:43 pm
Hawai'i decides a Hawaii search and seizure case in favor of the cop where the cop had reason based on the timing of defendant's reapparence on the streets after a prior arrest for driving without a license. [read post]
22 Dec 2007, 7:32 am
He pulled them out for his own safety until the search for the warranted person was complete. [read post]
21 Dec 2007, 5:38 am
Issue: Whether the Defendants' rights to be free from unreasonable searches and seizures under Article 1 § 4 of the Wyoming Constitution and the Fourth Amendment of the United States Constitution would require suppression of evidence and dismissal of charges. [read post]
21 Dec 2007, 5:38 am
Issue: Whether the Defendants' rights to be free from unreasonable searches and seizures under Article 1 § 4 of the Wyoming Constitution and the Fourth Amendment of the United States Constitution would require suppression of evidence and dismissal of charges. [read post]
20 Dec 2007, 5:49 am
The Fourth Amendment prohibits the use of unreasonable force in effecting a search or seizure of a suspect. [read post]
19 Dec 2007, 10:01 pm
A warrant may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information. [read post]
19 Dec 2007, 5:29 am
True exigency for a meth lab search without a warrant must be more than just concern for the officer's safety, which is all they showed here. [read post]
16 Dec 2007, 2:58 pm
Finally, the fact that irrelevant information and materials were swept up in the large-scale seizure here is a mere by-product of the practical reality faced by the agents who acted quickly as required so as to keep the search and seizure within the bounds of reasonableness. [read post]
14 Dec 2007, 8:28 pm
December 12, 2007).* Defendant argued that her cellphone text messages were seized without a search warrant, but the court finds consent to the seizure. [read post]
13 Dec 2007, 7:52 am
The seizure was valid, and consent to enter with an arrest warrant was not coerced. [read post]
12 Dec 2007, 12:06 pm
" As I also explained in that post, a search or seizure can be reasonable in either of two ways: (i) if it is conducted pursuant to a warrant (search warrants for searching and seizing evidence, arrest warrants for seizing people); or (ii) if it is conducted pursuant to a valid exception to the warrant requirement. [read post]
9 Dec 2007, 8:43 am
LEXIS 752 (December 6, 2007): To the degree that a nighttime search under a warrant with an invalid nighttime clause can be compared to a warrantless search or the seizure of an item not adequately described in a warrant, these cases support the conclusion that the search of Jordan's home violated his reasonable expectation of privacy. [read post]
9 Dec 2007, 7:23 am
Accordingly, the evidence obtained from the search and seizure of Umgelder's computer is not subject to suppression. [read post]
8 Dec 2007, 7:30 am
I bet this oral argument at Lawrence North High School sure got the attention of the students when the questioning at argument essentially left them with the impression that they have no rights against search and seizure of their persons at school if there is now a "Columbine risk" exception to T.L.O. [read post]
8 Dec 2007, 6:47 am
December 3, 2007).* There is no freedom from search and seizure in a prison, even one the inmate perceives is harassing. [read post]
2 Dec 2007, 9:00 pm
The court further determined that even if the initial arrest and search incident thereto had been unlawful, any taint of such a search was removed in that several minutes after the arrest and search of Hatcher, the cops learned he had an open arrest warrant, which inevitably would have led to a lawful search of Hatcher incident to an arrest on the open warrant, and the discovery of the cocaine which he would not have had an opportunity to conceal… [read post]
2 Dec 2007, 9:37 am
The defendant's contention that the search of his duffel bag without a warrant constituted an unreasonable search and seizure, was not raised at the suppression hearing, and thus, it is unpreserved for appellate review ... and, in any event, is without merit .... [read post]
1 Dec 2007, 7:38 am
Thus, the use of the GPS Device was not an unreasonable search or seizure in violation of the Fourth Amendment, and Plaintiff's claims pursuant to the Fourth Amendment are dismissed. [read post]
30 Nov 2007, 10:16 pm
Violation of state strip search statute did not warrant suppression because the search was valid under the Fourth Amendment. [read post]
29 Nov 2007, 8:55 am
Even a bad seizure of cash can still lead to a forfeiture if the government can find untainted evidence to prove it. [read post]