Search for: "Search/Seizure Warrant"
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27 Sep 2007, 4:35 am
An unauthorized subpoena to appear at a state administrative hearing to testify is not a search and seizure under the Fourth Amendment. [read post]
26 Sep 2007, 5:25 pm
A federal district court judge struck down two key pillars of the Patriot Act Wednesday, ruling that using a secret spying court to wiretap and secretly search Americans' homes for criminal prosecutions violates the Constitution's protections against unreasonable searches and seizures. [read post]
26 Sep 2007, 4:54 am
In the latter circumstances, the readily mobile nature of the vehicle plainly justifies the seizure only, and not the subsequent search. [read post]
24 Sep 2007, 1:23 pm
I, §9 and 10 If an act was lawful when it was performed, the performer can not be convicted of a crime as a result of a law enacted after the performance.prohibition against "unreasonable searches and seizures". [read post]
23 Sep 2007, 9:29 am
The basic practice when they have to get a warrant to do something is that they serve the warrant on you, then conduct a search of your home or other property, and then leave you with an inventory of what you took. [read post]
21 Sep 2007, 5:53 am
Since probable cause existed for a second search warrant, independent of the information obtained in the first search warrant, the independent source doctrine applies. [read post]
20 Sep 2007, 5:35 pm
The court concludes that Leon does not protect the search and seizure from suppression in this case. [read post]
20 Sep 2007, 6:45 am
Edmond, 531 U.S. 32, 37 (2000) ("A search or seizure is ordinarily unreasonable in the absence of individualized suspicion of wrongdoing. [read post]
17 Sep 2007, 5:27 am
Under New Mexico law, there is no automobile exception, so the officer had to extend the stop to get a search warrant. [read post]
16 Sep 2007, 10:18 am
LaFave, Search and Seizure § 5.3(c), at 168 (4th ed. 2004). [read post]
15 Sep 2007, 6:23 pm
" In it, he mocks the librarians who challenged Section 215, the provision allowing for seizure of library records and he argues in favor of sneak and peek search warrants and notes the legality of roving wiretaps. [read post]
15 Sep 2007, 9:13 am
Here's how he would fix it: I will suspend the portions of the Patriot Act that have to do with search and seizure law, and we'll go back to old way with probable cause and judges and warrants, and then we'll take the whole act back to the Congress for legislative review. [read post]
14 Sep 2007, 5:44 pm
While the blasting caps were not explosive devices under Texas law and a search warrant should not have issued, the officers actions were objectively reasonable in reliance on it. [read post]
14 Sep 2007, 7:45 am
They got a search warrant for the apartment, and discovered a .38 within. [read post]
14 Sep 2007, 6:05 am
However, "there is no unreasonable search and seizure, when a subpoena, suitably specific and properly limited in its scope, calls for the production of documents which, as against their lawful owner to whom the writ is directed, the party procuring its issuance is entitled to have produced. [read post]
12 Sep 2007, 7:31 am
It has long been established that the primary purpose of the exclusionary rule "'is to deter future unlawful police conduct and therefore effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures.'" Id. at 347 (quoting United States v. [read post]
11 Sep 2007, 7:50 am
I have seen several of these cases where law enforcement try to use a later discovered warrant to salvage an otherwise obviously illegal seizure. [read post]
11 Sep 2007, 6:27 am
Defendant challenged a search warrant for marijuana based on a religious defense raised under the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. [read post]
11 Sep 2007, 6:15 am
Because the court concludes that the search of Wahidi's residence did not violate the Fourth Amendment in that the search warrant showed probable cause for the seizure of the items from Wahidi's residence, or in the alternative, that the good faith exception to the exclusionary rule applies, claimants' motion to suppress is DENIED. [read post]
10 Sep 2007, 8:38 am
The stop and frisk violated Defendant's Fourth Amendment right to be free from unreasonable search and seizure. [read post]
