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26 Dec 2011, 6:04 am by Susan Brenner
As this site notes, (i) the 4th Amendment creates a right to be free from “unreasonable” searches and seizures and (ii) creates a default preference for warrants, i.e., prefers that searches and seizures be conducted pursuant to a search (and seizure) warrant. [read post]
23 Dec 2014, 3:08 am by John Marshall
Proc. 3:5-3(b) (2013) permits application for search warrant remotely through telephonic or electronic communication). [read post]
23 Dec 2014, 3:08 am by John Marshall
Proc. 3:5-3(b) (2013) permits application for search warrant remotely through telephonic or electronic communication). [read post]
14 Jun 2022, 5:00 am by Matthew Tokson
The video was stored digitally.An opinion by Judges Barron, Thompson, and Kayatta argues that the use of this pole camera was a "search" under the Fourth Amendment, requiring a warrant. [read post]
15 Oct 2010, 5:48 am by Lewis Gainor
And so, no search warrant is required for forcible blood draws. [read post]
9 Sep 2010, 12:02 pm by Susan Brenner
Court of Appeals noted that it had to consider two issues in ruling on Jones’ argument: (i) was the use of the GPS device a “search” under the 4th Amendment and (ii) if it was a search, was the search “reasonable,” i.e., conducted pursuant to a search warrant or an exception to the warrant requirement. [read post]
5 Jan 2017, 1:00 am by Howard Snader
B:  CHALLENGE THE SEARCH Officers are permitted to search a vehicle incident to an arrest, prior to it being towed, or with a warrant. [read post]
13 Sep 2011, 8:56 pm
So they become even more aggressive with their searches, leave no stone unturned and no house or car unexplored -- even if that means entering stopping a car without reasonable suspicion, searching a house without an adequate search warrant, and questioning suspects without first informing them of their Miranda rights. [read post]
22 Aug 2016, 6:23 am
First, as to communications, there is a `core distinction: although the content of personal communications is private, the information necessary to get those communications from point A to point B is not. [read post]
17 Apr 2009, 4:38 am
The difference is that there would be an indication that something had happenned...but what that would would not be available in most searches. [read post]
13 Apr 2009, 10:47 am
C1675aJury Selection and Peremptory challenges -- If all seated jurors are qualified and unbiased, Due Process Clause does not require automatic reversal of a defendant's conviction because a state trial court erroneously denied the defendant's peremptory challenge to the seating of a juror -- Right to exercise peremptory challenges in state court is determined by state law, and state law determines consequences of an erroneous denial of such a challenge -- Court has no cause to reverse… [read post]
24 May 2018, 7:03 am by Matthew Kahn
Later, in colonial America, general warrants were again used to gain entry to colonist's homes to search for goods on which taxes had not been paid. [read post]
28 Feb 2014, 5:46 am
[O]fficers . . . obtained a search warrant for Orman's sister's home. . . . [read post]
23 Jun 2009, 11:20 pm
" He argued that under "those statutes law enforcement needs a search warrant, court order or subpoena to obtain customer information". [read post]
14 Jan 2010, 3:22 pm by Walt Williams
Brandenburg Brandenburg was stopped for speeding and the police officer discovered that he had FOUR outstanding warrants and arrested him. [read post]
14 Jun 2014, 1:56 pm by Stephen Bilkis
Pre-recorded buy money was recovered from the defendant's person and additional drugs and paraphernalia were recovered from the location of occurrence upon execution of a search warrant. [read post]
6 Feb 2011, 9:02 pm
Since Gates was decided, three state supreme courts have held that probable cause existed for issuance of a search warrant in situations in which there was a continuing drug operation and the search-warrant affidavit referred to a recent event. [read post]