The issue was whether a search warrant was validly obtained and, if it wasn't, whether the evidence found as a result of the search [was admissible or was to be excluded
if the search warrant was not validly obtained].
If a search warrant or dawn raid does not meet the above legal requirements, any evidence obtained under that warrant may be deemed by a court to have been unlawfully obtained.
Not exact matches
What would you do
if law enforcement hands you a
search warrant?
When asked
if she was concerned about Facebook getting «ahead» of her office by sending in its own team on Monday night to Cambridge Analytica's London offices, she said: «I think it's very important that we apply for the
warrant and that we do the
search on behalf of the public.»
I see it in the Orlando Sentinel article that is linked in the ESPN article — so they couldn't actually do constant surveillance of his home to help determine
if he was dealing, so they analyzed his trash to see
if there was any evidence of criminal activity that would allow them to get a
search warrant.
From time to time, we may use your Personal Information and Traffic Data: (a)
if we need to respond to valid legal process, including, but not limited to, a
search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law; or (b)
if we deem it necessary to disclose Personal Information or Traffic Data, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests.
I know that
if it's the police, and they think I might be guilty of murder, they get a
warrant, they
search my apt, they don't find a murder weapon but they do find my bag of illegal drugs, that there's a good chance I'll be charged for possession of illegal drugs.
That's because the Civilian Complaint Review Board has not yet weighed in on the new rule for when police don't have a
search warrant and the union is worried its members will be second - guessed by that group, which investigates police abuse allegations, or even face charges
if they comply.
«We wouldn't say
if you're 18 to 20 you don't have a 4th Amendment right and police can
search your house without a
warrant; We wouldn't say they can seize your property without just compensation and the 5th Amendment doesn't apply.
The bills would require cops to inform New Yorkers that they have the right to refuse to be
searched if there's no
warrant or probable cause, and to identify themselves with business cards.
o Many of the MSN laws allow animal control to conduct a
search of your property and seizure of your pets without a
warrant if they think you might not be in compliance with the law.
If the situation does not improve, a ticket may be issued or a
search warrant may be obtained.
The ordinance has record keeping requirements particularly for breeders and pet stores and reserves the right of the mayor to require inspections at any time though,
if there is no
search warrant, permit holders can refuse access and schedule the inspection at a convenient time or offer to submit evidence of compliance in some other way such as at a hearing.
If sufficient evidence pursuant to Section 53 - 247 of the Connecticut General Statutes is gathered, your local department will prepare a request for a
search warrant.
However, they also don't need a
warrant if there is probable cause to legally
search your vehicle.
Perhaps
if I had more experience in the area, I would know about Romaniuk's
Search Warrants Considered... [more]
If the concern is that
search warrants are too time consuming, then appropriate resources should be put in place to provide for rapid review by independent judicial officers.
At present the commissioner can obtain a
warrant to enter and
search premises
if he has evidence of a breach of DPA 1998, but he has no power to carry out spot checks.
Please note that
if the requesting party is a governmental agency, a
search warrant is required for private inbox and / or outbox communication 180 days old or less.
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.
If the accused exercises his right to refuse a breath test, the police will rely on
search warrants for blood in an effort to prove intoxication.
Further,
if there is a probable cause and certain facts and circumstances that
warrant a
search, then the
search may be lawful.
Statutory timelines, technical specifications of police instruments, on - scene presence or absence of roadside screening devices, etc. may affect the lawfulness of the investigation, the obligation to provide a breath sample, and the admissibility of any samples taken; inadequate caution about the right to counsel or opportunity to exercise it might
warrant exclusion of evidence; a full strip -
search in a routine case might
warrant a stay of proceedings even
if the accused «blew over».
WHEN THE POLICE ARRIVE AT A LAW OFFICE Inspect the
search warrant • Ensure that the law office is identified as the place to be
searched, • Ensure that the date the Police have attended at the law office is the date authorized, • Ensure that the documents sought are identified, • Ensure that the offence under investigation is identified, • Ensure that the requisite judicial officer has signed and dated it, •
If there are deficiencies on the face of the warrant, point them out to the Police and assert that the Police should obtain a proper warrant, and Do not obstruct the Police, even if you believe the search warrant or its manner of execution to be invali
If there are deficiencies on the face of the
warrant, point them out to the Police and assert that the Police should obtain a proper
warrant, and Do not obstruct the Police, even
if you believe the search warrant or its manner of execution to be invali
if you believe the
search warrant or its manner of execution to be invalid.
(3) During a
search under subsection (2), a provincial officer may, without
warrant or court order, seize any thing
if,
If those drugs were confiscated without a valid
search warrant, your constitutional rights were violated.
Police may
search your property without a
warrant if you consent to the
search.
This means that
if the police raid your home with a
search warrant for pot and shoot you dead, even
if your family can show that the shooting was unlawful, the police would be liable only for something like funeral expenses
if they could show that «more likely than not,» you had sold some pot, or at some point possessed a large enough quantity of the drug to merit a felony charge.
Police may extend the
search beyond the specified area of the property or include other items in the
search beyond those listed in the
warrant if it is necessary to:
If it's necessary to prevent the imminent destruction of evidence, the police may
search without a
warrant.
His muttering about the Patriot Act makes me wonder
if Google is going to act like Yahoo! and Sprint and give it up to anyone with a badge,
search warrant or not.
The Eighth Circuit allowed access to
warrants in a defense - industry corruption investigation in In re
Search Warrant for Secretarial Area - Gunn, but the Ninth Circuit denied access in to
warrants in the same investigation in Times Mirror Co. v. U.S. I think, though, that the Ninth Circuit decision would have come out differently
if the investigation had already ended.
New bill says federal government needs
warrant if it wants cooperation of California officials in
searching residents» cellphone, computer records, Reuters
What,
if anything, has to be disclosed by the Crown re information provided to police as grounds for a
search warrant.
This defect can be cured
if the prosecution obtains a
search warrant for the suspect's computer as possession alone meets the statutory threshold.
If the company fails to comply with such request within the established deadline, the prosecutor may obtain a
warrant to
search the premises.
If your name doesn't show up in an online
search, this does not necessarily mean you don't have a
warrant.
If an officer feels something during the pat - down
search that is not a weapon, evidence seized without a
warrant or admissions flowing from the warrantless
search may be suppressed by the court and excluded at trial.
The Act also grants wide powers to inspectors of the Minister of Agriculture, Fisheries and Food to enforce the Act, obtain
search warrants and confiscate animals
if they believe that their safety and welfare are in jeopardy.
Technically, under the Act,
if a person entered Toronto's City Hall — a public, municipal building — police officers would have the right to
search that person without a
warrant.
Wiretaps, such as those put in place by virtue of a proper
search warrant, generally may not be used to record privileged conversations and
if any privileged conversation is recorded without the knowledge of the parties involved in the conversation, the privilege would not be lost.
For example, we carefully review police reports to determine
if police officers properly obtained
search warrants.
If police are able to produce a
warrant to
search your home, then ask to see the
warrant and allow them to
search, but make a record of what occurs (in your cell phone for example) and contact a criminal lawyer as soon as possible.
21 (1) A provincial judge or justice of the peace may at any time issue a
warrant in the prescribed form authorizing a person named in the
warrant to enter and
search a building, receptacle or place
if the provincial judge or justice of the peace is satisfied by information on oath that there is reasonable ground to believe that,
If the government meets this standard, then the
search warrant is valid.
But
if Judge Clark agrees that Mr. Smith had a reasonable expectation of privacy and grants him standing, it would mean police forces across the country, who daily obtain subscriber information under PIPEDA requests, would have to revert to the old, labour - intensive system of seeking
search warrants every time they want customer information from ISPs.
The trade ‑ off for permitting the police to deploy their dogs on a «reasonable suspicion» standard without a
warrant is that
if this procedure is abused and sniffer ‑ dog
searches proceed without reasonable suspicion based on objective facts, the consequence could well tip the balance against the admission of the evidence
if it is established under s. 24 (2) of the Charter that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
A
search warrant can only be executed during the night
if the following three conditions are met:
487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a
warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the
warrant that would,
if not authorized, constitute an unreasonable
search or seizure in respect of a person or a person's property
if
If granted, the
warrant permits the person named in it to enter the place named in the
warrant,
search for, assist and / or examine the family member, and with the person's consent, remove them from the premises.