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17 Apr 2011, 9:40 pm
We also believe that a magistrate’s experience and expertise in these matters would indicate that the time at which the affiant received the information from the confidential informant that Appellee possessed methamphetamine was irrelevant, but that the time at which the confidential informant observed such possession was necessary to establish probable cause. [read post]
10 Jul 2011, 3:55 am
In the matter before us, Mr. [read post]
10 Aug 2011, 4:23 am
February 11, 2011) (apparently just unsealed): This matter comes before the Court on the government’s application for a warrant to search the residence of Edward Cunnius, to seize any computers or digital devices (collectively “digital devices”) that may be located at the premises, and to search all electronically stored information (“ESI”) contained in any digital devices seized from Mr. [read post]
24 May 2010, 5:33 am
This case answers this question purely as a matter of pre-given third party consent. [read post]
2 Aug 2012, 8:25 am
Here is what a spokesman from Corrections Corporation of America (CCA) has to say about it: "As a matter of long-standing corporate policy, CCA does not lobby on issues that would determine the basis for an individual's detention or incarceration. [read post]
21 Dec 2019, 4:29 am
As a matter of policy, employers are held responsible in part because they are often better situated to provide financial compensation to victims. [read post]
17 Jan 2017, 4:45 am
The order also indicates that “Chief Judge Garland did not participate in this matter. [read post]
27 Aug 2011, 9:10 pm
Rather, the question is whether the warrant is overbroad in authorizing Microsoft to disclose all account information and content while temporally and subject matter limiting what the government what the government was authorized to seize. [read post]
26 Dec 2007, 8:09 am
Worth December 20, 2007): Balancing the public interest served with Belcher's Fourth Amendment right to be free from arbitrary detentions and intrusions, as we must, and giving almost total deference to the trial court's historical fact findings, as we must, and viewing all of the evidence in the light most favorable to the trial court's ruling, as we must, we cannot conclude as a matter of Fourth Amendment law that, given the totality of the circumstances--including Officer… [read post]
26 Feb 2008, 6:59 am
It should also be noted that although we have ultimately concluded that the initial consent to seize had been terminated as a matter of law, the fact that the law enforcement officers proceeded on the belief that they had consent underscores that this is not a case involving a deliberate intent to evade the warrant requirement. [read post]
13 Sep 2013, 2:30 pm
The DMCA is not explicitly clear on whether service providers are expected to terminate an infringing account with or without a court order, but it appears AT&T has decided to take matters into its own hands. [read post]
4 Oct 2011, 6:07 am
” It is therefore “important to take account of any express or implied limitations or qualifications attending that consent which establish the permissible scope of the search in terms of such matters as time, duration, area, or intensity. [read post]
8 Sep 2006, 4:55 pm
.* Malicious prosecution claim by convicted inmate against arresting officers fails as a matter of law under Heck v. [read post]
13 Apr 2010, 5:32 am
LEXIS 43 (April 9, 2010): We now hold as a matter of first impression that, while copies of images obtained during a law enforcement investigation may be used to establish probable cause to search for evidence of crimes involving visual depiction of sexually explicit conduct involving minors, they are not absolutely required. [read post]
7 Nov 2010, 8:00 pm
In just a matter of minutes the officers had been confronted by a combative defendant and a verbally aggressive girlfriend in a neighborhood connected with drug activity. [read post]
28 Feb 2022, 5:51 am
Fortunately, no students were outside at the time of the crash, but community members warn that it is only a matter of time before another accident takes place. [read post]
Defendant's own testimony established standing; court reminds Government of Simmons, for some reason
31 Oct 2007, 4:58 am
.* Court finds as a matter of fact that the defendant understood enough English to consent to the search that led to the discovery of the money sought to be forfeited. [read post]
5 Jul 2010, 7:10 am
This suggests that once Penlton realized he had neglected the key component of his claim, he changed his testimony and included this refusal of consent in place of what had previously been merely a statement that it did not matter who was in the house. [read post]
28 Dec 2008, 7:00 am
Moreover, as a practical matter these lands usually are accessible to the public and the police in ways that a home, an office, or commercial structure would not be. [read post]
10 Apr 2011, 9:32 pm
Indeed, Hodges herself did not testify that Knudson — or Kwity, for that matter — uttered those words. [read post]
