Search for: "Search/Seizure Warrant"
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5 Jul 2018, 3:20 pm
This is because there is no exigent need to search the data on the phone in most cases and there is time to get a warrant once the phone is secured. [read post]
5 Jul 2018, 12:08 pm
The opinion is very important to those charged with an Arizona crime where the prosecution is planning on introducing evidence that was seized as a result of a questionable police search or seizure. [read post]
5 Jul 2018, 12:08 pm
The opinion is very important to those charged with an Arizona crime where the prosecution is planning on introducing evidence that was seized as a result of a questionable police search or seizure. [read post]
5 Jul 2018, 11:22 am
Mitchell appealed arguing that the blood withdrawal was a violation of his right to be free from unreasonable searches and seizures. [read post]
4 Jul 2018, 1:19 pm
The question before the Supreme Court was whether the warrantless search and seizure of cell phone records, which records include the location and movements of cell phone users, violate the Fourth Amendment. [read post]
4 Jul 2018, 1:19 pm
The question before the Supreme Court was whether the warrantless search and seizure of cell phone records, which records include the location and movements of cell phone users, violate the Fourth Amendment. [read post]
2 Jul 2018, 7:44 am
The curtilage is the "area adjacent to the home and to which the activity of home life extends," therefore making that part of the property part of your home and therefore protected under the Fourth Amendment's prohibition against unreasonable searches and seizures. [read post]
1 Jul 2018, 4:08 pm
The Department of Justice’s Report on the search and seizure of electronic devices has been cited by the Motherboard in an article considering the application of exigent circumstances to justify the unlocking of Iphones without a warrant. [read post]
29 Jun 2018, 6:01 am
" Also, the Fourth Amendment's reasonableness requirement ensures reasonableness "in the manner and scope of searches and seizures that are carried out. [read post]
[Orin Kerr] Oregon Supreme Court Adopts Use Restrictions on Nonresponsive Data for Computer Warrants
28 Jun 2018, 11:40 pm
But I though the opinion was worth flagging nonetheless for those interested in computer search and seizure law. [read post]
27 Jun 2018, 8:13 am
The officers obtained a warrant to search the home, where they located the computer. [read post]
26 Jun 2018, 3:44 pm
The option to get a warrant and conduct the search directly remains. [read post]
26 Jun 2018, 3:38 pm
It is often impossible for investigators to identify and collect, at the time a warrant is executed, only the specific data whose seizure is authorized. [read post]
26 Jun 2018, 2:36 pm
The option to get a warrant and conduct the search directly remains. [read post]
26 Jun 2018, 11:31 am
Those questions may usefully be asked in the following order: (1) Was there a search or seizure at all; (2) If there was a search or a seizure, was it unreasonable; (3) If there was a search or seizure, and if it was unreasonable, does the person complaining about it have “standing” to complain; and (4) If there was an unreasonable search or seizure, and if the person who is complaining… [read post]
26 Jun 2018, 10:30 am
Here's my best shot at untangling it: As I read his analysis of "third party" cases, he would hold that if Party A "entrusts" information about herself to Party B and has a reasonable expectation that Party B will keep it "private"--and a concomitant "positive law right," based upon a promise or contract or property right or statute, that Party B will honor the confidentiality of the information by not sharing it with others--then the… [read post]
25 Jun 2018, 7:46 am
Supreme Court rulings protected the right of privacy in cases relating to search and seizures from motor vehicles. [read post]
25 Jun 2018, 7:46 am
Supreme Court rulings protected the right of privacy in cases relating to search and seizures from motor vehicles. [read post]
24 Jun 2018, 8:37 pm
Law enforcement cannot receive authorization to effectively intercept future communications through the “backdoor” of the general search and seizure regime in s. [read post]
24 Jun 2018, 6:24 pm
The text of this amendment states that you are protected from unreasonable searches and seizures, and that you, your home, your papers, and your things are secure and protected from warrantless search. [read post]
