Search for: "Search/Seizure Warrant"
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20 Oct 2014, 3:01 pm
In Florida, a person has a Constitutional right to be free from unreasonable searches and seizures. [read post]
25 Jul 2014, 3:51 pm
Over the last year, the government has confirmed that it searches the content of much of what it collects as part of its "upstream" activities without a warrant. [read post]
15 Jul 2010, 2:26 pm
Further, defendants provide no authority to support a seizure of property not listed in the warrant based upon unsworn claims made by a civilian participating in the search. [read post]
1 May 2015, 7:26 am
The rapid liberalization of Massachusetts marijuana policy—including decriminalization of possession of less than an ounce of marijuana and legalization of medical marijuana—has had dramatic consequences for the Massachusetts law regarding search and seizure, offering even some defendants whose conduct has not become legal an unexpected avenue of defense. [read post]
19 Sep 2010, 12:40 pm
We have won many Drug Cases in Massachusetts by attacking the validity of the Search and Seizure process. [read post]
2 Nov 2009, 12:08 pm
The case involved search warrants for e-mail issued under the Stored Communications Act, 18 U.S.C. section 2703(a). [read post]
3 Jan 2013, 1:08 pm
One of the most important and relevant rights is the Fourth Amendment right to be free from unlawful search and seizure. [read post]
29 Aug 2009, 7:16 am
June 19, 2009), adopted In re Various Searches & Seizures, 2009 U.S. [read post]
14 Apr 2008, 4:43 am
In fact, the Court in Groh tallied a number of other goals served by the particularity requirement: The requirement prevents "the seizure of one thing under a warrant describing another," id.; prevents the issuance of a warrant "on vague or dubious information," id.; and provides a guarantee to "the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits… [read post]
30 Oct 2012, 12:22 pm
That amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [read post]
15 Aug 2018, 8:17 am
He argued that the Government’s seizure of the records violated the Fourth Amendment because they had been obtained without a warrant supported by probable cause. [read post]
25 May 2012, 6:32 am
But when an outstanding arrest warrant is discovered between the illegal stop and the seizure of physical evidence, the importance of the temporal proximity factor decreases. [read post]
2 May 2015, 7:42 am
The search warrant was issued, and the search led to the seizure of a number of items, including two computers. [read post]
5 Jun 2017, 9:51 am
" The defendants moved to suppress the Government's cell-site evidence arguing that under the Fourth Amendment, seizure of the records required a warrant supported by probable cause. [read post]
13 Aug 2016, 10:44 am
If evidence is obtained as a result of an unreasonable search or seizure, or other Constitutional violation, the evidence is excluded from trial. [read post]
20 May 2012, 5:17 am
To seize evidence from a person's genitalia, as part of a search incident to arrest and without a warrant, there must be an exigency justifying the seizure, such as officer safety or imminent destruction of evidence. [read post]
21 Jan 2019, 3:05 pm
As such, the police needed either a warrant or consent to further search the home. [read post]
2 Jun 2016, 11:10 am
The Fourth Amendment, which protects the individual from unreasonable search and seizure by the government, is probably the most difficult of all the bill of rights to understand and apply. [read post]
31 Jan 2019, 5:55 pm
As a result, it reversed and remanded with directions to suppress the fruits of the illegal search and seizure. [read post]
23 Mar 2020, 7:47 am
The troopers believed they had exigent circumstances which would allow them to enter the home without a proper search warrant. [read post]
