Search for: "Search/Seizure Warrant"
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27 Feb 2007, 5:24 am
Accordingly, the Court denies summary judgment as to plaintiff's unreasonable search and seizure claim. [read post]
26 Feb 2007, 9:00 pm
Ohio, 392 US 1 (1968), is one more tool for police to trample on the Fourth Amendment right against unreasonable searches and seizures. [read post]
26 Feb 2007, 5:46 am
However, what is seen in open view may furnish probable cause for obtaining a warrant. [read post]
25 Feb 2007, 2:43 pm
However, Samson examined a California law which provided that "every prisoner eligible for release on state parole 'shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.'" Id. at 2196 (citing Cal. [read post]
24 Feb 2007, 10:37 am
When the government fully anticipates a search and seizure, it may not, absent countervailing factors, rely on exigent circumstances to avoid the warrant requirement. [read post]
23 Feb 2007, 9:49 am
In Herrera, there was no search warrant; the search at issue was a warrantless administrative search and seizure. [read post]
22 Feb 2007, 9:15 pm
Chief Judge Bell is blank">Brown's sole dissenter The United States Supreme Court has not decided the extent to which the police may seize non-residents visiting a home being searched by police pursuant to a valid search warrant. [read post]
21 Feb 2007, 3:28 am
That exception "requires that the search or seizure actually be carried out in accordance with a regulatory scheme that provides a constitutionally adequate substitute for a warrant. [read post]
20 Feb 2007, 6:16 am
Further, the officers' seizure of numerous items in Boechler's residence before issuance of the second search warrant was justified under the "plain view" exception to the warrant requirement. ... [read post]
18 Feb 2007, 7:20 am
Nexus was shown to Hell Angels defendant's computer for seizure in a search warrant because the basis shown was the use of the internet to communicate with each other. [read post]
14 Feb 2007, 4:40 am
Thus, any search which occurs outside of the home and curtilage in an unoccupied or undeveloped area is considered an "open field" search. [read post]
14 Feb 2007, 3:46 am
Thus, Officers Robbins, Clinard, Wiroll, and McClintock violated Plaintiffs' clearly established Fourth Amendment rights to be free from an unreasonable search and seizure. [read post]
10 Feb 2007, 8:17 am
(Holihan Search [*11] Warrant Aff. [read post]
8 Feb 2007, 12:51 am
The "clear rule" is that "'police may always detain persons found that the premises named in a search warrant, provided (i) the warrant authorizes a 'search for contraband' and (ii) the persons detained are 'occupants.'" (citations omitted). [read post]
7 Feb 2007, 4:28 am
The officers were on notice that they were conducting a search and seizure and that it was contrary to plaintiff's rights. [read post]
5 Feb 2007, 12:00 pm
The search warrant for the premises was for drugs, weapons, currency, and documents. [read post]
4 Feb 2007, 6:51 am
That doesn't mean law enforcement officers can't search our homes; it just means they have to get a search warrant to do so.The computers in both of these cases were in homes. [read post]
2 Feb 2007, 3:07 pm
Ct. 1994) (holding suppression of evidence was not required for seizure of drugs conducted pursuant to potentially invalid nighttime search warrant, when defendant was in custody both when police obtained search warrant and when search of home was conducted at 10:30 p.m., because violation of the state's nighttime search rule, if any, was technical in nature and appellant was not disadvantaged thereby); State v. [read post]
31 Jan 2007, 5:12 pm
In so holding, the Court acknowledged officers executing a search warrant have a duty to "make sure that they have a proper warrant that in fact authorizes the search and seizure they are about to conduct. [read post]
31 Jan 2007, 4:56 pm
As in Mancusi, the government does not deny that the search and seizure were without a warrant, and HN5"it is settled for purposes of the Amendment that 'except in certain carefully defined classes of cases, a search of private property without proper consent is 'unreasonable' unless it has been authorized by a valid search warrant.'" Mancusi, 392 U.S. at 370 (quoting Camara v. [read post]
