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15 Sep 2009, 6:36 am
We conclude that, where the sheriff's policy of monitoring and recording detainees' and inmates' telephone calls is preceded by notice to all parties, and further, where the recording and monitoring is justified by legitimate penological interests, no privacy interest exists in the recorded conversations such that they cannot be obtained by a grand jury subpoena. [read post]
16 Feb 2012, 6:11 am
(discussing the court's role in weighing the possessory interest in the item seized against the justification for delay offered by the government). [read post]
12 Nov 2013, 8:50 am
Using their surveillance tools, the intelligence agencies have been able to identify and target individuals at organizations of interest—not just suspected terrorist cells. [read post]
15 May 2011, 7:05 am
There is therefore no reason to believe that the defendant’s possessory interests in the cell phone were substantially interfered with. [read post]
1 Apr 2010, 4:16 am
We agree with the motion judge that the defendant retained a possessory interest in the clothing, regardless of his status as a hospital patient. [read post]
8 Jul 2008, 10:54 am
The trial court therefore was required to explain why it concluded that, on balance, the public interest in the checkpoint outweighed the intrusion on Defendant's protected liberty interests. [read post]
8 Jan 2011, 12:51 pm
It was also reasonable to assume that this interest might have resulted in illegal activity on the computer. [read post]
17 Dec 2008, 12:03 pm
Given the limited severity of Lala's suspected offense, the State's interest would have been well served by first knocking on the defendant's door. [read post]
30 Aug 2011, 9:01 pm
Appellant's challenges to the manner in which the DFPS obtained the order in aid of investigation and to the scope of the interviews conducted by its caseworkers under the order are not based on any allegation that the conduct complained of violated appellant's asserted privacy interests or that the interviews were a fruit of a violation of those interests. [read post]
23 Jul 2010, 5:40 am
Ariz. 1993), the Court held, "where the owner of a vehicle has turned that vehicle over to someone else, the owner retains an insufficient privacy interest to possess standing to challenge the search of that vehicle. [read post]
6 Mar 2011, 9:50 pm
But, if the United States’ legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. [read post]
28 Aug 2010, 9:03 pm
August 24, 2010) (unpublished): Similarly, in this case, Melquiades needed only to allege facts sufficient to demonstrate his possessory interest in the seized goods. [read post]
23 Feb 2012, 11:39 am
After weighing these factors, we conclude that the Government’s compelling interests far outweigh arrestees’ privacy concerns. [read post]
6 Apr 2012, 5:04 am
The Court agrees with the Magistrate's determination that these provisions evince a substantial government interest in regulating the coffee industry in order to meet local consumption needs and promote the economic health of the industry. [read post]
12 Dec 2011, 3:24 am
We have held that a prison official may constitutionally conduct a warrantless search of an inmate’s outgoing mail so long as the search is “reasonably related to legitimate penological interests. [read post]
28 Feb 2009, 2:52 am
Within the meaning of the Fourth Amendment, a "seizure" occurs when a state actor meaningfully interferes with an individual's possessory interest in property, and a "search" occurs when an expectation of privacy that society is prepared to recognize as reasonable is infringed. [read post]
22 Nov 2013, 6:30 am
NNEDV The e-mail's subject line was "Interested in hiring you." [read post]
18 Jul 2011, 4:23 am
The seizure of personal property occurs when “there is some meaningful interference with an individual's possessory interests in that property. [read post]
17 Jul 2008, 11:18 am
Allowing Adams and other probationers to play this shell game with probation officers would defeat the state's substantial interest in closely monitoring probationers. [read post]
9 Jul 2013, 3:15 pm
Here are five of the most interesting details either revealed or confirmed in that classified draft. [read post]
