Search for: "Search/Seizure Warrant"
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24 Jun 2016, 2:14 pm
The police eventually obtained a search warrant authorizing a blood draw, which indicated alcohol in the defendant’s system. [read post]
1 Mar 2017, 4:10 am
Seeking suppression of physical evidence is important in any criminal case alleging possession of contraband, and beyond, which is why I repeatedly blog about the Fourth Amendment, which provides: “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… [read post]
28 May 2009, 8:23 am
The search warrant authorized the seizure of documents related to Lynda Dieu Phan's business and payroll. [read post]
16 Jan 2009, 4:30 am
United States that the Court brought the exclusionary rule into line with qualified immunity: An officer's reasonable mistake (of law or fact) about some underlying issues (here, whether the arrest warrant on Herring was still outstanding) that justified an unconstitutional search or seizure does not trigger the exclusionary rule despite the constitutional violation. [read post]
11 Mar 2020, 10:02 am
Federal agents have seized 100 electronic devices after executing a search warrant of R. [read post]
16 Sep 2021, 6:45 am
Indeed, under Michigan law, generally, “a search of a seizure within a home or its curtilage without a warrant is per se an unreasonable search under the Fourth Amendment. [read post]
8 Feb 2011, 8:40 am
This ultimately led to warrants to search the other drives and the child pornography indictment. [read post]
27 Nov 2019, 2:31 pm
One of these rights in the Fourth Amendment right to be free from unreasonable searches and seizures. [read post]
19 Mar 2010, 10:43 am
And it relates, more particularly, to the search and seizure of personal computers. [2] It is difficult to imagine a search more intrusive, extensive, or invasive of one’s privacy than the search and seizure of a personal computer. 3] First, police officers enter your home, take possession of your computer, and carry it off for examination in a place unknown and inaccessible to you. [read post]
25 Sep 2012, 12:58 pm
The Supreme Court said: We thus conclude that the present record shows no violation of petitioner's right under the Fourth and Fourteenth Amendments to be free of unreasonable searches and seizures. [read post]
23 Jul 2007, 5:37 am
Moreover, the search was conducted within the 10 days allowed for a valid search warrant. [read post]
17 Dec 2009, 2:25 pm
The consultation document also looks at electronic applications for warrants, the need for greater consistency in time limits for the execution of warrants, the use of reasonable force in their execution, the seizure of material not explicitly referred to in a warrant, and legal professional privilege relating to material found under any search warrant. [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]
3 Jun 2016, 5:01 pm
This is an especially frustrating outcome because it provides no guidance for how these sort of computer searches and seizures should be conducted in the future. [read post]
12 Jul 2015, 9:52 pm
The better path is for courts to rule that the Fourth Amendment imposes use restrictions on nonresponsive data because use transforms the underlying seizure from a justified and modest step needed to execute the warrant to an unjustified and invasive seizure unrelated to the warrant itself. [read post]
28 Oct 2016, 11:18 am
Weighing in on separate cases where two courts have applied 1970s-era law to digital communications in the information age, EFF urged the nation’s highest court to step in and establish that Americans have the right to expect location data generated from their cell phones is private and protected by the Constitution against unreasonable searches and seizures. [read post]
23 Dec 2012, 2:46 am
Due to the automobile exception to the search and seizure clause, it is common for police officers to purposely find a justification to use as a pretext for searching an automobile without a warrant. [read post]
20 Nov 2012, 8:27 am
If you have been the victim of an illegal search and seizure or have questions about evidence suppression contact Attorney Don Himmelberg for your free consultation. [read post]
20 Nov 2012, 8:27 am
If you have been the victim of an illegal search and seizure or have questions about evidence suppression contact Attorney Don Himmelberg for your free consultation. [read post]
30 Jan 2014, 8:46 am
In Florida, there is a well-protected Constitutional right to privacy and to be free from unreasonable searches and seizures in one's home. [read post]
