Search for: "Search/Seizure Warrant"
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15 Jun 2007, 4:18 am
Via Blawgraphy"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [read post]
13 Jun 2007, 6:01 am
There was also a waiver of his search and seizure claim. [read post]
9 Jun 2007, 6:44 am
While the police may not use excessive force in conducting a search or seizure, see, e.g., Winterrowd v. [read post]
8 Jun 2007, 3:19 pm
June 7, 2007): [*P24] "[T]he state has the burden of going forward with evidence to show probable cause once the defendant has demonstrated a warrantless search or seizure and has raised lack of probable cause as a ground for attacking the legality of the search or seizure. [read post]
8 Jun 2007, 11:11 am
In this case, as part of the administrative seizure, people were stopped, searched, and detained. [read post]
8 Jun 2007, 6:12 am
The police got the car, and then got a search warrant, where drugs were indeed found. [read post]
7 Jun 2007, 8:54 am
Photographs taken during the search of a home by a police officer who entered and searched the home under the emergency-aid exception to the warrant requirement are inadmissible under the emergency-aid exception to the warrant requirement if taking the photographs was not related to the purpose for which the officer entered the home. [read post]
6 Jun 2007, 1:02 pm
Couple that with probable cause, and the police could search under the automobile exception, and a warrant was not required. [read post]
5 Jun 2007, 11:55 am
On the search warrant that had been issued, the court finds that there was no probable cause for the search warrant--it was nothing more than conclusions. [read post]
4 Jun 2007, 1:29 pm
The AFOSI agents do not seem to have obtained a search warrant before they examined the computer's hard drive. [read post]
4 Jun 2007, 5:38 am
Ct. at 1643, but ultimately the constitutional right of the people to be free of unreasonable searches and seizures and invasions of privacy. [read post]
4 Jun 2007, 5:07 am
In Swanson, the vehicle was used as an instrument of a crime and therefore, as a matter of law, was subject to seizure and search without a warrant. 341 F.3d at 532-33. [read post]
3 Jun 2007, 7:11 pm
N.Y. 1998) (listing show of force, use of handcuffs, previous refusal to consent, and threat of more expansive search warrant as factors in determining the voluntariness of consent). [read post]
1 Jun 2007, 6:29 pm
IF THIS COURT SUPPRESSES THE EVIDENCE FROM THE WARRANTLESS SEARCH AND SEIZURE, DID THE LOWER COURT ERR BY FAILING TO ADDRESS OR SUPPRESS BLOOD AND DNA EVIDENCE GAINED BY A SEARCH WARRANT ISSUED ON TAINTED EVIDENCE AND MATERIAL MISREPRESENTATIONS? [read post]
31 May 2007, 9:52 pm
N.Y. holds that the police had probable cause for a search warrant for blood results after a motor vehicle accident, but suppresses the evidence based on the physican-patient privilege because it was drawn for medical purposes. [read post]
31 May 2007, 9:40 pm
Indeed, the warrant specifically identified the particular New York State narcotics and weapons offenses as to which it authorized the search and seizure of evidence. [read post]
31 May 2007, 11:16 am
As you probably know, the Fourth Amendment requires that police get a warrant to conduct a search (intrusion on privacy) and/or a seizure (intrusion on possession of property) . . . unless an exception to the warrant requirement applies.One of those exceptions is called "search incident to arrest," and it means just what it says: An officer who effects a full custodial arrest (i.e., you're going to the lockup) can conduct a search… [read post]
31 May 2007, 6:00 am
Ohio holds that child porn is presumptively retained by the holder, so a search warrant for child porn is seldom found stale. [read post]
26 May 2007, 2:07 am
Harris County intends to get a search warrant to draw blood from anyone who, having been arrested for DWI this (Memorial Day) weekend, refuses to provide a breath sample (Houston Chronicle). [read post]
24 May 2007, 6:31 am
May 23, 2007): Moreover, even if a search for constituent parts of an item did present Fourth Amendment problems because the warrant did not mention such parts, here the warrant authorized the search and seizure of "any part" of the listed items. [read post]
