Search for: "Search/Seizure Warrant"
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10 Jan 2007, 7:46 am
Copy of a search warrant for informant's premises was found in defendant's truck, and it was admissible as having been found in a search incident. [read post]
8 Jan 2007, 6:08 am
That includes, I submit, challenging searches and seizures or statements of the accused, particularly where the government has the burden of going forward and to sustain the search (as in all warrantless searches) or statement. [read post]
6 Jan 2007, 6:49 pm
The police executed the search pursuant to the warrant issued by the judge. [read post]
5 Jan 2007, 10:13 am
Search warrant based on 45 day old information of a drug buy was stale, and search was suppressed. [read post]
4 Jan 2007, 8:26 pm
Discovery of defendant's outstanding arrest warrant was an independent intervening circumstance that attenuated the taint of the initial illegal stop and seizure. [read post]
4 Jan 2007, 6:25 am
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A38 Provides that the people must be ready for trial within sixty days of the commencement of a criminal action when the defendant is charged with a traffic infraction
No Same as
First Act: 01/03/07 referred to codes
Last Act: 01/03/07 referred to codes
A39 Permits district attorneys to appeal bail decisions
No Same as
First Act: 01/03/07 referred to codes
Last Act: 01/03/07 referred to codes
A40 Mandates arresting police officers of rape… [read post]
4 Jan 2007, 2:55 am
Comprehensive Drug Testing, Inc., a divided Ninth Circuit panel reversed the lower court rulings and upheld the search warrants, including seizure of computer records, and ordered the lower courts to segregate records that fall outside the scope of the warrants so that they can be reviewed by a federal magistrate. [read post]
2 Jan 2007, 6:20 am
The State of Wyoming requires an affidavit establishing probable cause before a search warrant is issued which offers Wyoming citizens stronger protections against search and seizure than the U. [read post]
21 Dec 2006, 8:21 pm
In a case that raises a number of really interesting constitutional and privacy issues--and sounds like something right out of Law and Order, prosecutors in Texas have obtained a search warrant... [read post]
18 Dec 2006, 2:07 am
They split 4-3 on whether police had violated his constitutional protection against unreasonable searches and seizures. [read post]
2 Dec 2006, 9:10 pm
Unfortunately, the police intrusion onto my client's property to seize a full trash bag likely would not have won a motion to invalidate the search warrant and the subsequent search. [read post]
28 Nov 2006, 9:00 pm
Robinson, 414 U.S. 218, 236, and n. 7 (1973) (officer's subjective fear not determinative of necessity for 'search incident to arrest' exception to the Fourth Amendment warrant requirement). [read post]
21 Nov 2006, 2:07 pm
In Northeast Atlanta, near Georgia Tech, police made a drug buy from a house and came back with a search warrant, raiding the house. [read post]
15 Nov 2006, 8:04 am
IN THE MAIL: (Actually, delivered by a colleague) Otis Stephens' and Richard Glenn's Unreasonable Searches and Seizures: Rights and Liberties Under the Law -- plus a copy of the Encyclopedia of American Civil Rights and Liberties. [read post]
15 Nov 2006, 6:51 am
Feb. 24, 2006), affirming Judge Hornbaker's suppression of evidence in a Geary County drug prosecution (no actual or apparent authoirty to search bedroom; cannot use inevitable discovery where no warrant ever applied for and not certain). [read post]
13 Nov 2006, 10:11 pm
They seized it, took it to their offices, obtained a warrant to search it and found more child pornography on the home computer.Hudspeth moved to suppress the images found on his home computer, arguing that his refusal to consent to the seizure of his home computer trumped his wife's subsequent consent to the seizure. [read post]
7 Nov 2006, 10:12 pm
In the Matter of the Application of the United States for a Search Warrant, U.S. [read post]
5 Nov 2006, 10:25 pm
Syphers, 426 F.3d 461 (1st Cir. 2005) - illustrates the issues that arise from a federal provision which requires the timely execution of search warrants, including computer search warrants. [read post]
11 Oct 2006, 8:01 am
That issue is now surfacing, as courts try to figure out whether putting a tracking device on someone's car is either a "search" or a "seizure" under the 4th Amendment.Putting the device on a vehicle is not, I would submit, a "search" because a search violates a valid 4th Amendment expectation of privacy. [read post]
3 Oct 2006, 2:26 am
At the moment, it is not clear that copying data is either.This is an important issue because, if copying data is neither a search nor a seizure, then it is outside the scope of the 4th Amendment . . . which means officers do not need a search (and/or seizure) warrant or an exception to the warrant requirement in order to copy data lawfully.As I explained in an earlier post, the 4th amendment creates the right to be free from… [read post]
