Search for: "Search/Seizure Warrant"
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31 Aug 2015, 11:08 am
Grounds for the issuance of a search warrant are governed by Florida Statute 933.02. [read post]
15 Mar 2009, 4:34 am
" Id.In a less-tempered, but equally persuasive, dissent, Judge Reinhardt (joined by Chief Judge Kozinski and Judges Pregerson, Thomas, and Paez) challenges the majority's characterization of controlling authority: "The majority may wish the law were different, but we must apply it as it is, and the law as of today limits warrantless intrusions into the home for the purposes of a search or seizure to instances in which exigent circumstances exist - that is,… [read post]
18 Feb 2013, 5:00 pm
The framework of reasonableness The Fourth Amendment prohibits unreasonable searches and seizures. [read post]
16 Jun 2009, 2:17 pm
Under Florida search and seizure laws, a police officer does not need to have probable cause and a search warrant or even reasonable suspicion to conduct a knock and talk. [read post]
4 Dec 2009, 10:21 am
This is where knowledge of probable cause and rules of search and seizure is so important. [read post]
23 Aug 2013, 3:44 pm
It is further conceded by the People that this determination is decisive of the issue presented in the current motion to suppress the evidence sought to be introduced against the defendants as the fruits of a seizure made in the execution of the very same warrant. [read post]
17 Apr 2013, 9:35 am
McNeely Appeals His Case, Arguing Unreasonable Search and Seizure against State of Missouri and even Eric Holder The Missouri man fought his DWI case by appealing on the federal constitutional issue that it is against the search and seizure protections of the federal constitution to take someone’s blood from their body for a DWI blood test without getting a search warrant before taking (seizing) it. [read post]
11 Oct 2011, 12:51 am
The California Legislature passed SB 914 making cell phone searches illegal without a search warrant. [read post]
30 Sep 2011, 6:55 pm
I am not saying that every case presents search and seizure issues, but I feel that the majority of cases where evidence was obtained without a warrant present problems for the prosecutor. [read post]
30 Sep 2011, 7:55 pm
I am not saying that every case presents search and seizure issues, but I feel that the majority of cases where evidence was obtained without a warrant present problems for the prosecutor. [read post]
28 Oct 2016, 8:35 am
See In the Matter of Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, 829 F.3d 197 (2d Cir. 2016) (noting in the SCA context that “[w]hen the government compels a private party to assist it in conducting a search or seizure, the private party becomes an agent of the government” under the Fourth Amendment). [read post]
30 Nov 2007, 10:16 pm
Violation of state strip search statute did not warrant suppression because the search was valid under the Fourth Amendment. [read post]
13 Mar 2018, 7:01 pm
The Boyd Court held: The search for and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him. [read post]
21 Sep 2018, 5:46 am
He moved to suppress the evidence and statements derived from the pat down leading to the seizure of the firearm and ammunition, arguing the officers lacked probable cause to search him without a warrant, that the search was not incident to arrest and he did not consent. [read post]
12 Sep 2013, 3:30 pm
Clearly, it has the power to issue search warrants upon a showing of probable cause and, were it not for the United States Supreme Court's concern for the protection of First Amendment rights, the ordinary Fourth Amendment safeguards would apply to the seizure of indecent obscene material in the same manner as to the seizure of other types of child contraband. [read post]
3 Oct 2007, 6:27 am
October 2, 2007): Portlock contends that the seizure of his computers was without probable cause. [read post]
25 Sep 2024, 10:32 am
My post began: As regular readers know, one of the big issues in computer search and seizure law that I often write about is how to limit computer warrant searches. [read post]
4 May 2011, 9:30 am
Standing is a threshold matter that needs to be established before a person can challenge an illegal search and seizure. [read post]
26 Jun 2019, 2:38 pm
In effect the officer's statement was coercive and warranted suppression. [read post]
8 Jan 2011, 12:37 pm
Meduna claims that this “data gathering” by Cook “far exceeded the scope of the warrant” and that, consequently, Meduna’s right to be free from unreasonable searches and seizures was violated. [read post]
