Search for: "Search/Seizure Warrant"
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30 Jul 2011, 7:43 am
“Thus, when a federal court must decide whether to exclude evidence obtained through an arrest, search, or seizure by state officers, the appropriate inquiry is whether the arrest, search, or seizure violated the Federal Constitution, not whether the arrest, search, or seizure violated state law. [read post]
5 May 2008, 7:48 pm
Olivares-Campos's subsequent consent to the search of his truck therefore was not tainted by an illegal seizure, and neither does it bear any other indicia of unlawful coercion. [read post]
22 May 2007, 3:39 am
Connor, 490 U.S. 386, 397 (1989) (addressing the reasonableness of a seizure of the person). [read post]
7 Aug 2008, 2:15 pm
The seizure was valid. [read post]
1 Apr 2010, 4:16 am
Thus, as the Commonwealth did not present adequate evidence of an exception to the warrant requirement, an exigency or otherwise, the seizure of the defendant's clothing was unreasonable because he had not forfeited his possessory interest in the clothing. [read post]
10 Jan 2013, 11:44 am
McNeely moved to suppress the results of the blood test at his trial, arguing that the officer violated his Fourth Amendment rights against unreasonable search or seizure. [read post]
20 Aug 2012, 2:46 pm
” Here, the search and seizure was conducted under N.J.S.A 2C:25-28(j). [read post]
3 Jan 2013, 9:25 am
The trial court denied the State’s requests to seal the search warrant materials. [read post]
6 Nov 2011, 9:17 pm
This act may be able to protect our electronic content from unreasonable searches and seizures in the Social Media Age. [read post]
23 Nov 2008, 5:01 am
But what about the occasional situation where law enforcement decides to do a follow-up search without getting a warrant. [read post]
21 Jul 2011, 8:40 am
When the police acted on a warrant and searched Mr. [read post]
2 Aug 2019, 11:12 am
This Amendment is intended to protect citizens’ “persons, houses, papers, and effects” against unreasonable searches and seizures. [read post]
6 Dec 2011, 11:53 pm
Or a police officer obtaining a warrant to search a house for suspicious content. [read post]
15 Jan 2013, 5:54 am
Some of the most common reasons for issuance of an arrest warrant are: - Knowledge or suspicion of a probation violation - Failure to appear in court - Law Enforcement suspicion of a felony offense such as a drug crime or violent offense or even non-violent like embezzlement or fraud — in which case law enforcement must obtain a signed warrant from a judge after providing a probable cause statement for one’s arrest, the reasoning and request for performing a… [read post]
30 Dec 2013, 6:46 am
In other words, Folkman claimed Klenke’s running checks on his registration and license information was a 4thAmendment “search”, and for such a search to be “reasonable” Klente had to either have a search warrant (which he did not ) or his actions had to be authorized by an exception to the 4th Amendment’s default requirement that searches be justified by a warrant. [read post]
3 Jun 2013, 2:29 pm
The ruling allows the police to seize the DNA of innocent Americans who have never been convicted of any sort of crime, without a search warrant. [read post]
23 Jan 2017, 6:30 am
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]
11 Jan 2023, 8:03 am
The First Circuit stated the non-routine search did not violate the Fourth Amendment, which protects against unreasonable searches and seizures. [read post]
7 Apr 2020, 10:54 am
For now, I want to focus on the Fourth Amendment, which prohibits “unreasonable searches and seizures” and requires that warrants be supported by probable cause, and which will determine the outer bounds of permissible surveillance at the federal and state levels. [read post]
19 Jan 2015, 6:55 am
At trial, the judge excluded the blood evidence because it was obtained without warrant, in violation of Schaufele’s 4th Amendment right against unreasonable searches and seizures. [read post]
