Search for: "Search/Seizure Warrant"
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7 Sep 2007, 6:02 am
Allegations in a motion to suppress were too vague to warrant a hearing. [read post]
6 Sep 2007, 1:30 pm
The administrative search exception does not confer authority on law enforcement to ignore the requirement for a warrant where “the primary purpose [of the search or seizure] was to detect evidence of ordinary criminal wrongdoing. [read post]
6 Sep 2007, 5:13 am
The unreasonableness of the entry, if it was, was not causally related to the seizure of evidence under Hudson. [read post]
5 Sep 2007, 2:34 am
Issues: Whether the affidavit executed in support of the search warrant provided the warrant-issuing judicial officer with a substantial basis for concluding that probable cause existed to search Abeyta's residence. [read post]
1 Sep 2007, 11:27 am
Indeed, the Third Circuit has held that warrants authorizing the seizure of similar items are permissible. [read post]
28 Aug 2007, 5:47 am
LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 11.3(a), at 140 (4th ed. 2004). [read post]
25 Aug 2007, 1:00 pm
They should have obtained a warrant, if one would issue in that case [it might have if the private search was used to get the warrant, and PC was shown, and not the view of the police]. [read post]
19 Aug 2007, 11:52 am
Given the absolute secrecy of FISA searches and seizures, mechanisms for public accountability are crucial to protect rights of privacy - as well as to insure effective and efficient use of this extraordinary authority. [read post]
16 Aug 2007, 1:29 pm
It was in plain view during the execution of a valid search warrant. [read post]
16 Aug 2007, 10:06 am
" (Or, as the concurring opinion said, the government's search warrant "sought only ‘fruits, instrumentalities and evidence of violations of' various federal bribery and fraud statutes. [read post]
15 Aug 2007, 9:09 am
How prevalent that is to justify it in a search warrant, I personally cannot say, but the fact that it happens some likely would be enough for a search warrant to at least look. [read post]
11 Aug 2007, 4:08 pm
Utah August 7, 2007).* Also in a search warrant for drugs, the search warrant sought records: "The search warrant, in relevant part, authorized the seizure of evidence related to drug trafficking, including '[a]ny and all address and/or telephone books and records, reflecting names, addresses, and/or telephone numbers, including but not limited to, paper and computer formats.'" The warrant was not overbroad.… [read post]
11 Aug 2007, 9:34 am
IV (providing protection from "unreasonable searches and seizures"); Stoneking II, 882 F.2d at 726-27 (holding that a student has a Fourteenth Amendment due process right to be free from intrusions of his bodily integrity, including "a right to be free from sexual assaults by his or her teachers"). [read post]
11 Aug 2007, 8:22 am
Only if these conditions are met can they legitmately say: "we would have gotten a search warrant if we didn't already find it. [read post]
10 Aug 2007, 12:04 pm
LEXIS 905 (August 9, 2007): A law enforcement officer may conduct a search pursuant to a special condition of probation “at any time, day or night, and with or without a warrant, provided there exists a reasonable or good-faith suspicion for search, that is, the police must not merely be acting in bad faith or in an arbitrary and capricious manner (such as searching to harass [the] probationer). [read post]
9 Aug 2007, 11:30 am
The First holds that "it is not a violation of the Fourth Amendment's prohibition on unreasonable searches and seizures to require an individual on supervised release to provide a blood sample for purposes of creating a DNA profile and entering it into a centralized database. [read post]
9 Aug 2007, 6:56 am
There was a substantial basis for the issuance of the search warrant for the car because of surveillance information and informants who corroborated each other. [read post]
9 Aug 2007, 1:47 am
The search was conducted pursuant to the automobile exception to the warrant requirement. [read post]
5 Aug 2007, 1:20 pm
Another address found from information in the car was properly searched with a warrant. [read post]
5 Aug 2007, 12:37 pm
That was not a seizure. [read post]
