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27 Aug 2010, 1:48 pm
As I’ve noted before and as I assume everyone already knows, the 4th Amendment creates a right to be free from “unreasonable” searches and seizures and, in so doing, creates a default preference for having searches and seizures conducted pursuant to a warrant: a search (and seizure) warrant. [read post]
9 Nov 2011, 3:23 pm
That said, it appears the search v. seizure issue need not be resolved, necessarily, to secure a court majority in this case. [read post]
19 Feb 2011, 4:24 am
It's just life on the streets, as far as their concerned.One of the people arrested under this "all persons" warrant challenged the search and seizure. [read post]
15 Jan 2019, 4:10 pm
” The amendment guarantees the inviolability of the person’s privacy and its property against arbitrary searches or arrests by the government, unless probable cause justifies the issuing of a warrant to execute the search or seizure. [read post]
14 Feb 2012, 9:55 am
The argument from those opposed is going to be it’s unreasonable search and seizure of their personal information without any judicial authority. [read post]
14 Feb 2007, 3:46 am
Thus, Officers Robbins, Clinard, Wiroll, and McClintock violated Plaintiffs' clearly established Fourth Amendment rights to be free from an unreasonable search and seizure. [read post]
30 Jun 2008, 8:33 pm
We granted transfer and affirm the convictions. * * * We reject the defendant's claim that the warrant authorizing the search of his home was not supported by sufficient probable cause. * * * Without explanatory argument or citation to supporting authority, the defendant simply declares that the col-lection and seizure of the items not enumerated in the search warrants "comprises a clear violation" of his constitutional rights against… [read post]
16 Nov 2015, 7:26 am
California that police needed to obtain a warrant before searching the contents of a cell phone. [read post]
1 Dec 2020, 9:01 pm
Entering the home to search for or arrest violators would represent an unreasonable search or seizure, would it not? [read post]
17 Sep 2021, 3:41 pm
Constitution’s Fourth Amendment states: Citizens have a right to be free from unreasonable searches and seizures Probable cause is needed before a court can issue a search warrant. [read post]
25 Feb 2015, 4:25 am
Facciola was a bit tough on warrants for electronic searches, and perhaps Mag. [read post]
7 Jun 2010, 8:23 am
Rule 41(e)(2) establishes the time period for executing a search (and seizure) warrant. [read post]
15 Dec 2010, 9:08 am
Earlier this year, after receiving briefing from the ACLU and other organizations (ACLU of Pennsylvania, Electronic Frontier Foundation, Center for Democracy and Technology), the court of appeals in Philadelphia held that although the government can obtain this information on a less-than-probable-cause standard in many cases, judges have the discretion to require a warrant, particularly where such information threatens to violate individuals' Fourth Amendment right to be free… [read post]
6 May 2014, 1:41 pm
Plain view alone is never enough to justify the warrantless seizure of evidence. [read post]
19 Nov 2014, 1:03 pm
Today we continue the search and seizure issue from another angle. [read post]
6 May 2012, 5:34 am
We consider each of those bases in turn and find insufficient grounds to support a constitutional entry, a seizure of Dugan, or a search of him or the premises without a warrant. [read post]
6 Nov 2014, 4:42 am
Constitution (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, an 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]
13 Mar 2011, 9:16 pm
The police were justified in seizing the computer pending getting a search warrant for it because defendant knew they were looking for child porn. [read post]
21 Aug 2013, 11:28 am
In a recent case following a search and seizure, the Feds were able to get a warrant compelling a person to disclose his passwords for the purpose of gaining information from encrypted drives. [read post]
9 Mar 2016, 3:43 pm
In the language of the condition, Lara agreed to “submit his person and property, including any residence, premises, container or vehicle under his control to search and seizure. [read post]
