Search for: "Search/Seizure Warrant"
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26 Jul 2016, 1:47 pm
In re a Warrant to Search a Certain E-mail Account Controlled & Maintained by Microsoft Corp., No. 14-2985 (2d Cir. [read post]
16 Jun 2018, 10:27 am
Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile without a warrant) does not apply to a vehicle parked next to a home, and that police are required to obtain a warrant before they can search the vehicle. [read post]
16 Jun 2018, 10:27 am
Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile without a warrant) does not apply to a vehicle parked next to a home, and that police are required to obtain a warrant before they can search the vehicle. [read post]
10 Oct 2014, 1:32 pm
The Constitution establishes privacy rights, and one of the more sacred privacy rights protects people from unreasonable searches and seizures when it comes to their property. [read post]
20 May 2020, 5:23 pm
Questions concerning the legality of searches and seizures can play heavily in the resolution of a Cape Cod criminal defense case. [read post]
10 Jan 2018, 9:32 am
Collins argued that the police were required to have a warrant to search for the motorcycle on private property. [read post]
17 May 2021, 10:32 am
Officers used false pretext to gain his wife’s consent, then claimed that such warrantless searches and seizures were permissible under the “community caretaking” doctrine established in Cady v. [read post]
12 Mar 2011, 1:56 pm
If you have an expectation of privacy and that expectation is one society accepts as objectively reasonable, the police must obtain a search warrant to violate that privacy. [read post]
4 Nov 2015, 3:37 am
At no time did Herrera deny ownership of the phone.Dodd applied for and received a search warrant for the phone. [read post]
12 Jul 2018, 6:00 am
Supreme Court held that the seizure of cell-site location information constitutes a search under the Fourth Amendment. [read post]
4 Oct 2021, 2:06 pm
Search & Seizure Incident to an Arrest Generally, a warrant is required to sustain the reasonableness for a search and seizure, but there are exceptions to the rule. [read post]
1 Nov 2010, 2:08 am
Longmire, 761 F.2d 411, 417 (7th Cir. 1985) (“The general federal rule on who bears the burden of proof with respect to an allegedly illegal search or seizure is based upon the warrant-no warrant dichotomy: If the search or seizure was effected pursuant to a warrant, the defendant bears the burden of proving its illegality; if the police acted without a warrant, the prosecution bears the burden of establishing legality. [read post]
30 Oct 2009, 3:07 pm
In the latter instance, a copy of the search warrant is permissibly left only with Fed Ex and there is no need to inform the sender or recipient of the package of its seizure. [read post]
25 May 2011, 12:35 pm
Can police in New Jersey enter your home or search your house without a warrant. [read post]
28 Dec 2016, 7:45 am
Exigent Circumstances and Scope of Consent for Computer Search and Seizure 21. [read post]
3 Apr 2013, 1:58 pm
Here in Texas, what will happen to the Fourth Amendment right to protection from invasive search and seizure? [read post]
6 Aug 2010, 8:43 am
There was no attenuation: the defendant's statement about the outstanding warrant, made in response to a question posed by the officer at the outset of the seizure, was not a product of free will. [read post]
8 Dec 2021, 1:02 pm
Many times, law enforcement officers obtain evidence through the use of illegal warrantless searches and seizures. [read post]
5 Aug 2009, 5:37 am
Furthermore, although Walton presented the application for the search warrant, an independent magistrate judge issued the search warrant. [read post]
23 Jun 2009, 1:32 pm
Was this a proper search of the defendant's property and seizure of the marijuana? [read post]