Search for: "Search/Seizure Warrant"
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16 Jul 2020, 6:33 am
The defendants acknowledged in district court that established law required legal mail to be opened in the inmate’s presence and could not argue to the contrary on appeal. (2) The plaintiff claimed the Sheriff’s actions constituted an unreasonable search and seizure in violation of the Fourth Amendment. [read post]
14 Jul 2020, 9:13 am
Carter, 322 N.C. 709 (1988), the North Carolina Supreme Court held that no such exception applies to the comparable protections found in Article I, Section 20 of the North Carolina Constitution (prohibition against general warrants and unreasonable search or seizure). [read post]
9 Jul 2020, 1:27 pm
The first factor is “whether the asserted legislative purpose warrants the significant step of involving the President and his papers. [read post]
24 Jun 2020, 4:50 pm
For data in motion, the bill contemplates technical-assistance orders that will be issued to effectuate a different kind of court order from a search warrant. [read post]
24 Jun 2020, 8:34 am
Garner, the Supreme Court held that the shooting was an unconstitutional seizure under the Fourth Amendment. [read post]
23 Jun 2020, 1:25 pm
The United States Constitution affords people in every state numerous rights, including the right against unreasonable search and seizure. [read post]
21 Jun 2020, 9:00 pm
King that the smell of burning drugs and the sound of movement inside the suspect apartment did not create an exigent circumstance to justify a warrantless entry.The Fourth Amendment’s broad scope may be a source of diverging interpretations as it simply states that “[t]he 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… [read post]
18 Jun 2020, 10:14 am
Court order for historical cell-site location information was equivalent to a search warrant, so the defendant’s rights under the state constitution were not violated by an unreasonable search and seizure; good faith exception applied to defendant’s rights under the federal constitution. [read post]
16 Jun 2020, 9:01 pm
One of those cases poses a Fourth Amendment question about the meaning of a “seizure” and whether it encompasses a police officer shooting and injuring a civilian who nonetheless escapes. [read post]
13 Jun 2020, 3:25 am
For registration and more information, http://www.aele.org/public-safety-discipline-and-internal-investigations.htmlJune Law Enforcement Liability Reporter: This issue has cases on assault and battery: pepper spray, false arrest/imprisonment: no warrant, Federal Tort Claims Act, firearms related: intentional use, firearms related: Second Amendment issues, interrogation: juveniles, immigrants and immigration issues, search and seizure: home/business, and… [read post]
13 Jun 2020, 3:25 am
For registration and more information, http://www.aele.org/public-safety-discipline-and-internal-investigations.htmlJune Law Enforcement Liability Reporter: This issue has cases on assault and battery: pepper spray, false arrest/imprisonment: no warrant, Federal Tort Claims Act, firearms related: intentional use, firearms related: Second Amendment issues, interrogation: juveniles, immigrants and immigration issues, search and seizure: home/business, and… [read post]
11 Jun 2020, 9:18 am
If the police do not have a warrant to search you, they must have your consent. [read post]
7 Jun 2020, 7:32 am
Thus, the defendant challenged the requirement as unconstitutional, arguing that it violated his rights against unreasonable search and seizure. [read post]
3 Jun 2020, 5:47 am
But Congress has also required that such efforts “not include or permit direct participation by a member of the [armed services] in a search, seizure, arrest, or other similar activity” unless otherwise authorized by law,” effectively reimposing the narrower view of posse comitatus restrictions. [read post]
2 Jun 2020, 4:04 pm
The Act also provides for arrest on the basis of a warrant for contraventions of other requirements and for detention under other circumstances (ss.28ff.); the traveller has the right to review of detention. [read post]
30 May 2020, 6:06 am
This is a search-and-seizure and animal forfeiture case. [read post]
26 May 2020, 3:06 pm
However, the CCLA believes Bill 38 warrants scrutiny both because of the closure provisions and also the police enforcement provisions, which it believes are the most severe in the country. [read post]
24 May 2020, 10:32 am
Blood Draws Under New Jersey Law Under New Jersey law, a blood draw constitutes a search and seizure that requires either consent or a warrant. [read post]
23 May 2020, 6:18 am
Chapter I, Article 11 of the Vermont Constitution protects citizens against unreasonable searches and seizures. [read post]
21 May 2020, 4:24 am
The cops executing the search warrant stole about $225,000 of seized items and they were granted qualified immunity because there was no “clearly established law” holding they can’t steal stuff they seize. [read post]
