Sentences with phrase «constitutional search and seizure»

PIAC also argued that other public safety exemptions in PIPEDA should be examined to ensure that the Act can not be used to avoid a warrant requirement or otherwise circumvent the law on constitutional search and seizures.

Not exact matches

Justice Douglas noted that individual privacy concerns were protected by a series of express Constitutional provisions, like the Third Amendment's prohibition on quartering soldiers during peacetime, the Fourth Amendment's right to be free from unreasonable search or seizure, and the Fifth Amendment's right against self - incrimination.

««Privacy,» «he said, «is a broad, abstract, and ambiguous concept which can easily be shrunken in meaning but which can also, on the other hand, be interpreted as a constitutional ban against many other searches and seizures [than those intended by the Fourth Amendment].»

ACLU - CT, David McGuire primarily focused on civil liberties protections for students in regards to baseless searches and seizures of students» personal electronic devices and passwords citing «the patchwork of unequal privacy policies» used in districts around the state, urging the committee to expand protections in the bill that would uphold students Constitutional 14th amendments rights.

In this session Dr. James will discuss challenges and suggestions for protecting the constitutional rights of students against unreasonable search and seizure while maintaining a safe school environment.

The Court found that the rules were not arbitrary or capricious and did not violate the Fourth Amendment constitutional prohibition on unreasonable searches and seizures.

Littleton has made a powerful statement about how little it regards citizen's Rights and our Constitutional protections against unreasonable search and seizure.

[82]... The centrality to the administration of justice of preventing misuse of the client's confidential information, reflected in solicitor - client privilege, led the Court to conclude that the privilege required constitutional protection in the context of law office searches and seizures: see Lavallee.

The Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.

The majority opinion of Justice Stewart was specifically approved by a unanimous Supreme Court of Canada in Hunter v Southam Inc., [1984] 2 SCR 145 where Justice Brian Dickson held, at p. 159, that s. 8 of the Charter containing the constitutional protection against unreasonable search and seizure is not restricted to the protection of property or associated with the law of trespass, at p. 159: «[I] n Katz... Stewart J. delivering the majority opinion of the United States Supreme Court declared at p. 351 that «the Fourth Amendment protects people, not places».

He takes a particular interest in search and seizure law and constitutional issues.

Generally speaking there are 5 basic constitutional issues that are commonly engaged in a successful defence of drinking and driving cases: «arbitrary detention» (s. 9 of the Charter), «unreasonable search and seizure» (s. 8 of the Charter), «right to counsel» (s. 10 (b) of the Charter), the «right to be informed promptly of the reasons for your detention» (s. 10 (a) of the Charter) and the «right to be tried within a reasonable time» (s. 11 (b) of the Charter).

Improper searches and seizures, unlawful arrests, and other Constitutional violations can all result in tainted evidence.

A corporation is but an association of individuals with a distinct name and legal entity, and, in organizing itself as a collective body, it waives no appropriate constitutional immunities, and, although it can not refuse to produce its books and papers, it is entitled to immunity under the Fourth Amendment against unreasonable searches and seizures, and, where an examination of its books is not authorized by an act of Congress, a subpoena duces tecum requiring the production of practically all of its books and papers is as indefensible as a search warrant would be if couched in similar terms.

To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protection).

In addition, SB4 is already under attack by the City of Houston and other jurisdictions on numerous constitutional grounds, which focus on the constitutional requirements for arrests, searches, seizures, due process, and equal protection.

We will examine whether police or law enforcement officials had probable cause for any search, seizure or arrest, and whether you were properly advised of your constitutional rights before any interrogation.

I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to individuals against police performing illegal search and seizures, without probable cause, permission of the driver or «owner» of the vehicle or even a search warrant.

However, the police must follow constitutional requirements when conducting searches and seizures.

Our lawyers have appeared in the Supreme Court of Canada on constitutional issues, including search and seizure of business records, picketing and leafleting of business premises, defamation and freedom of expression, school funding, access to therapeutic records in sexual assault cases and international human rights covenants.

* A majority of the Court applied the same constitutional interpretation to the search and seizure provisions of the Fourth Amendment over the dissent of Mr. Justice Miller, concurred in by Chief Justice Waite.

In a nutshell, expectation of privacy is a zone of protection created by constitutional law against unreasonable searches and seizures.

Hear perspectives from panelists such as award - winning photojournalist Mannie Garcia; John Verdi, the Director of Privacy Initiatives at the U.S. Dept. of Commerce and First Amendment attorney Chuck Tobin on general constitutional questions (i.e. search and seizure) as well as practical advice regarding best way to handle such situations.

Although Stewart J. was careful not to identify the Fourth Amendment exclusively with the protection of this right, nor to see the Amendment as the only provision in the Bill of Rights relevant to its interpretation, it is clear that this notion played a prominent role in his construction of the nature and the limits of the American constitutional protection against unreasonable search and seizure.

Administrative Law — Constitutional Law — Fourth Amendment — Search and Seizure — Warrantless Search — Administrative Search.

He had a constitutional right to be free from unreasonable search and seizure, which was violated in an egregious fashion.

«While law enforcement agencies should be able to utilize technology as a tool to help officers be safe and accomplish their missions, absent proper oversight and safeguards, the domestic use of cell - site simulators may well infringe upon the constitutional rights of citizens to be free from unreasonable searches and seizures, as well as the right to free association,» the report said.