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Supreme Court’s directive, in the absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties provided in sections 3803 and 3804. [read post]
Supreme Court’s directive, in the absence of a warrant or exigent circumstances justifying a search, a defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties provided in sections 3803 and 3804. [read post]
3 Feb 2017, 1:27 pm by Orin Kerr
A federal magistrate judge handed down an opinion this afternoon, In re Search Warrant No. 16-960-M-01 to Google, ordering Google to comply with a search warrant to produce foreign-stored e-mails. [read post]
1 Feb 2017, 8:09 pm by Jon Katz
Accordingly, the ultimate seizure of the various items in the room pursuant to the warrant was lawful, and the trial court’s denial of the appellant’s motion to suppress was not error. [read post]
31 Jan 2017, 7:21 am by Paul Rosenzweig
Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. [read post]
30 Jan 2017, 5:52 am
Diamond, supra.The reference above to “returning” the warrant refers to a standard practice when officers execute search warrants. [read post]
25 Jan 2017, 8:42 pm by Sophia Cope
Finally, the CBP policy does not address recent court decisions that limit the border search exception, which permits border agents to conduct “routine” searches without a warrant or individualized suspicion (contrary to the general Fourth Amendment rule requiring a warrant based on probable cause for government searches and seizures). [read post]
24 Jan 2017, 8:07 am by ALDF
On Dec. 19, 2016, the United States Court of Appeals, Sixth Circuit, upheld a lower court’s dismissal of a civil suit involving the fatal shooting of two family dogs by police officers who were executing a search warrant for drug-related activity in 2013. [read post]
23 Jan 2017, 10:18 am by Andrew Crocker
If anything, searches and seizures of data held by ISPs deserve heightened Fourth Amendment scrutiny because the aggregation and remote storage of private data greatly reduces resource constraints on law enforcement and allows for the bulk warrant tactics employed here. [read post]
23 Jan 2017, 6:30 am by Dan Ernst
Stimson would have preferred for search warrants to only be issued by a judicial officer, but absent that reality, he had his assistants accompany officers enforcing large search and seizure operations to ensure that they adhered strictly to the warrant and seized only the property that was explicitly described. [read post]
18 Jan 2017, 12:32 pm by Kyle Orland
(credit: Aurich x Getty) If you have any legally incriminating information sitting in your PSN account, don't count on the Fourth Amendment to protect it from "unreasonable search and seizure" by Sony without a warrant. [read post]
16 Jan 2017, 5:34 am by Eugene Volokh
The suspect’s statements to an investigator two days after the search were sufficiently attenuated from the defective search warrant. [read post]
10 Jan 2017, 9:01 pm by Sherry F. Colb
In April of 2013, police in Battle Creek, Michigan, executed a search warrant at the home where Cheryl and Mark Brown lived. [read post]
9 Jan 2017, 3:34 pm
   Sources for more information:http://www.cbsnews.com/news/the-latest-on-the-alton-sterling-shooting-investigation-baton-rouge/http://www.cnn.com/2016/07/12/us/police-shootings-investigations/https://www.washingtonpost.com/news/post-nation/wp/2016/07/11/search-warrant-baton-rouge-officers-saw-butt-of-gun-in-alton-sterlings-pocket-then-saw-him-reach-for-it/? [read post]
9 Jan 2017, 6:01 am
It requires governmental searches and seizures to be conducted only upon issuance of a warrant, judicially sanctioned by probable cause, supported by oath or affirmation, describing the place to be searched and the persons or things to be seized. [read post]
8 Jan 2017, 1:26 pm
Search: Warrant: Fourth Amendment: Exclusionary rule: Good faith: Data:In People v. [read post]
30 Dec 2016, 1:18 pm
Spinnato arrested Andrews and secured the location until a search warrant could be obtained. [read post]
29 Dec 2016, 1:19 pm by Jim Calloway
Ed Walters asked how current consumer data uses square with a legal doctrine called the Third-Party doctrine, which, according to Wikipedia says “that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have 'no reasonable expectation of privacy.' A lack of privacy protection allows the United States government to obtain information from third parties without a legal… [read post]