Search for: "Search/Seizure Warrant"
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28 Apr 2021, 12:26 pm
Understanding Illegal Search and Seizure The Fourth Amendment to the U.S. [read post]
27 Apr 2021, 12:36 pm
In 2000, in an article in the UNB Law Journal (Vol. 49, 169) about section 33, entitled “Section 33 of the Charter: What’s the Problem, Anyway? [read post]
27 Apr 2021, 5:54 am
It will also seek to determine if the LMPD engages in unconstitutional stops, searches and seizures. [read post]
22 Apr 2021, 5:20 pm
This post summarizes published criminal decisions released by the North Carolina Court of Appeals on April 20, 2021. [read post]
22 Apr 2021, 1:02 pm
If you’ve been charged with crimes based on evidence the police obtained in a warrantless search, it is distinctly possible that the search and seizure were unconstitutional. [read post]
21 Apr 2021, 5:46 am
We covered: The drawdown in Afghanistan and its legal implications (for the AUMF, detention, habeas litigation, the use of force, you-name-it) The latest developments in the Military Commissions The new round of sanctions against Russian entities—particularly those relating to the SolarWinds episode FBI’s use of a Rule 41 search(-and-seizure) warrant to delete webshells off of servers compromised as part of Hafnium’s Microsoft Exchange exploitation Taking… [read post]
20 Apr 2021, 1:37 pm
When the Court ultimately decides the case, it could significantly impact New York search and seizure laws. [read post]
20 Apr 2021, 11:24 am
The use of a search (or, more accurately, a seizure warrant) is a surprisingly far-reaching interpretation of Federal Criminal Rule 41. [read post]
19 Apr 2021, 5:03 pm
Deploying a search warrant (or, more accurately, a seizure warrant)requires a far-reaching interpretation of federal criminal Rule 41. [read post]
19 Apr 2021, 1:07 pm
The operation implicates important questions about the circumstances under which law enforcement should execute search and seizure warrants against victim premises and property. [read post]
18 Apr 2021, 2:56 pm
If property seized in connection with the lawful arrest of a Journalist is needed for evidentiary purposes, the State Defendants shall promptly seek a search warrant, subpoena, or other court order to authorize the continued seizure of such property. [read post]
14 Apr 2021, 11:31 am
However, exceptions to the search warrant rule apply in various situations, such as when the search or seizure is incident to a valid arrest. [read post]
12 Apr 2021, 3:18 pm
The Defendant’s Argument At trial, the defendant argued that he could not be convicted of resisting arrest because the officer’s conduct leading to the incident violated the defendant’s right to be free from illegal searches and seizures. [read post]
12 Apr 2021, 11:16 am
The ACLU has been fighting unconstitutional search and seizure practices by law enforcement for years. [read post]
6 Apr 2021, 1:57 pm
The Fourth Amendment of the United States Constitution provides individuals from unreasonable searches or seizures. [read post]
2 Apr 2021, 2:35 pm
In most cases, the officer will apply for a search warrant from a judicial officer. [read post]
31 Mar 2021, 3:27 pm
Typically, to search a person or his or her property, a police officer must have: Verbal consent from the property owner/occupier or the person being searched A valid search warrant A valid arrest warrant “Probable cause” to believe that criminal activity is occurring Police cannot simply stop and search someone without a valid reason for doing so. [read post]
28 Mar 2021, 6:10 am
The court explained that, generally, a seizure or search conducted without a warrant is presumed to be unreasonable, and therefore, unconstitutional. [read post]
[Eugene Volokh] Government Drone Overflights May Violate Fourth Amendment, Trigger Exclusionary Rule
27 Mar 2021, 12:59 pm
However, the Fourth Amendment may protect parties from unreasonable searches and seizures committed by a governmental entity in civil cases, if the civil case can be considered "quasi-criminal" and the search or seizure was committed by the governmental entity pursuing the action. [read post]
26 Mar 2021, 9:25 am
Strom Wednesday, a case where the court is to decide if “community caretaking” is considered an exception to the Fourth Amendment’s general prohibition on warrantless searches and seizures. [read post]
