Search for: "Search/Seizure Warrant"
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6 Aug 2021, 10:25 am
If a federal officer executed a warrantless entry and search, he could be sued for trespass, but a warrant would provide a defense. [read post]
30 Jul 2021, 10:17 am
Was The Search And Seizure Illegal? [read post]
28 Jul 2021, 12:25 pm
All of us deserve basic protection against government searches and seizures that the Constitution provides, including requiring law enforcement to get a warrant before it can access our communications. [read post]
28 Jul 2021, 8:00 am
Constitution protects citizens from unlawful searches and seizures of personal property. [read post]
22 Jul 2021, 6:55 am
According to the unsealed search warrant application, Operation Trojan Shield began around 2018 after the FBI arrested Vincent Ramos. [read post]
22 Jul 2021, 6:05 am
This should help protect agricultural facilities in the State from unauthorized seizures by animal rights organizations, but may not be protective if local law enforcement engages such entities to assist in alleged animal cruelty investigations pursuant to valid search warrants. [read post]
21 Jul 2021, 8:03 am
The bill would also authorize federal law enforcement to seek seizures and forfeitures of any personal property, including “any Internet domain name or Internet Protocol address, that was used or intended to be used” in the commission or facilitation of a botnet. [read post]
21 Jul 2021, 7:03 am
” Notes and Quotes: To argue that the community caretaking exception to the warrant requirement applies the State has the burden of proving that: (1) a search or seizure within the meaning of the Fourth Amendment has occurred; (2) if so, that under the totality of the circumstances an objectively reasonable basis for a community caretaking function is shown; and (3) if so, that the public need or interest outweighs the intrusion upon the privacy of the individual. [read post]
15 Jul 2021, 2:09 pm
” Thus, for a search and seizure to be constitutional, a warrant must be obtained in advance. [read post]
11 Jul 2021, 1:56 am
Defendant filed a motion to suppress evidence obtained as a result of a search of his phone due to the detective’s failure to obtain a search warrant. [read post]
9 Jul 2021, 12:00 am
The state also argued that a warrant was not necessary because the patrolman had been in hot pursuit of Lange and therefore did not violate the Fourth Amendment, which protects people from unreasonable searches and seizures of evidence. [read post]
7 Jul 2021, 1:57 pm
However, this will no longer be the case as the Wisconsin Supreme Court recently ruled that that provision is unconstitutional and violates the incapacitated driver’s Fourth Amendment protecting against unconstitutional search and seizure. [read post]
7 Jul 2021, 12:00 pm
Under the Fourth Amendment, people are generally protected against unreasonable searches and seizures within their home, though the courts have carved out several circumstances in which the police may conduct searches and seizures within private homes: (1) The police may conduct searches and seizures with a valid warrant. [read post]
7 Jul 2021, 9:52 am
This post summarizes published criminal and related decisions released by the North Carolina Court of Appeals on July 6, 2021. [read post]
6 Jul 2021, 1:57 pm
The ability to communicate, to observe, to study, to participate, to sell, or merely to search online may well mean that there is no physical contact whatsoever between individuals. [read post]
6 Jul 2021, 7:00 am
” Technically, § 2703(d) permits the use of (d) orders to obtain the contents of emails that are opened or have been in storage for more than 180 days, but, in practice, the department uses warrants for content seizures. [read post]
5 Jul 2021, 6:03 am
She contends that because the documents sought by the subpoena were previously subject to a protective order, the Government obtained them in violation of her rights against compelled self-incrimination, against unreasonable searches and seizures, and to due process of law. [read post]
2 Jul 2021, 11:22 am
” The court further stated that oversurveillance and the resulting overpolicing do not allow different communities to enjoy the same rights: while “liberty from governmental intrusion can be taken for granted in some neighborhoods,” others “experience the Fourth Amendment as a system of surveillance, social control, and violence, not as a constitutional boundary that protects them from unreasonable searches and seizures. [read post]
30 Jun 2021, 1:08 pm
Key defenses in a DUI and DWI cases Experienced attorneys use prosecution evidence weakness and illegalities of arrest procedures as the key defenses in their case: Illegal seizures: The 4th Amendment prohibits illegal searches and seizures by the police on citizens. [read post]
29 Jun 2021, 2:53 pm
The police then executed a search warrant and recovered the victim’s credit card and the defendant’s benefits card. [read post]
