Search for: "In re Search Warrant for Records From AT&T"
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19 Oct 2017, 10:30 am
What many people don’t know, however, is that anyone can walk into a court clerk’s office and perform a criminal record search on a particular individual. [read post]
6 Aug 2019, 7:38 am
Ward, 169 A.D.3d 833 (2d Dep’t 2019), the court considered whether the physical search of a defendant’s cell phone fell within search incident to arrest exception to the Fourth Amendment's warrant requirement. [read post]
29 Aug 2019, 10:48 am
Bench warrants are a separate type of warrant from a criminal search or arrest warrant. [read post]
3 Dec 2023, 2:00 pm
These warrants can authorize “the persons to whom it is directed to intercept any communication or obtain any information, record, document or thing and, for that purpose, (a) to enter any place or open or obtain access to any thing; (b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or (c) to install, maintain or remove any thing. [read post]
10 Aug 2015, 10:42 am
In short, this case further bolsters the advice I gave previously in my book: “[T]he safest course for law enforcement officers is to procure a search warrant when seeking location information. [read post]
7 Aug 2018, 10:08 pm
Constitution protects people from unreasonable searches and seizures. [read post]
16 Dec 2009, 3:44 am
Defendants in a number of cases have argued that while the officer can seize the cell phone (to ensure the arrestee can’t use it as a weapon or destroy evidence it contains), the officer should have to get a search warrant to go through its contents. [read post]
10 Dec 2019, 4:50 pm
”[7] In the case of an ordinary search warrant, police are not allowed to return to your home and repeatedly search hour after hour, day after day, week after week, for months on end. [read post]
24 Jul 2019, 9:04 am
Since they are filed for property and places to be searched, not a particular person, they don’t usually show up in records related to the person. [read post]
26 May 2007, 7:27 am
A search warrant was issued from the U.S. [read post]
3 Sep 2015, 4:57 pm
A search warrant requires a showing by the agent, under oath, that meets one of the highest standards in federal law. [read post]
26 Jul 2017, 8:30 am
P.41(b)(5), Rule 41 is silent as to whether a federal court may issue a warrant for the search of property located outside of the United States.In re: Two email accounts stored at Google, Inc., supra. [read post]
11 Oct 2022, 1:58 pm
Private surveillance cameras recorded the burglary, but the suspects were difficult to identify from the footage. [read post]
17 Aug 2018, 9:29 am
That's the basic idea of the undercover-agent cases and the third-party doctrine based on them: When you have a transaction with someone, the person you're transacting with is allowed to record what they're experiencing without their experience being a "search" of you. [read post]
12 Mar 2022, 12:34 pm
Geofence warrants raise some really interesting Fourth Amendment issues, and we're likely to hear more about those issues. [read post]
12 Oct 2011, 7:59 am
This post examines a case in which the problem wasn’t that the officer who was responsible for the search didn’t get a warrant . . . it was the amount of time it took to get the warrant. [read post]
7 Aug 2021, 4:59 pm
This way, when someone looks at your criminal record, their searches won’t turn up anything pertaining to outstanding warrants, arrests—or even worse, new charges. [read post]
10 Jun 2011, 9:09 am
They’re not the legal varsity, they kowtow to cops, they’re too spineless to challenge the adequacy of probable cause, and they don’t think about what probable cause means. [read post]
31 May 2007, 11:16 am
As you probably know, the Fourth Amendment requires that police get a warrant to conduct a search (intrusion on privacy) and/or a seizure (intrusion on possession of property) . . . unless an exception to the warrant requirement applies.One of those exceptions is called "search incident to arrest," and it means just what it says: An officer who effects a full custodial arrest (i.e., you're going to the lockup) can conduct a search… [read post]
5 Mar 2020, 1:58 pm
An officer won’t have to leave his vehicle to apply for an electronic warrant, Hankins said. [read post]
