[13] The threshold question on this appeal is whether the justice of the peace who issued
the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.
Not exact matches
The appeals court said the emails were beyond the reach of domestic
search warrants obtained under a 1986 U.S. law called the Stored Communications
Act.
Postmedia confirms in an email that officials executed a
search warrant at its offices on Monday but adds it is «strongly of the view» that no contravention of the Competition
Act occurred in the agreement announced Nov. 27.
The feds just want the court, like courts have on many other occasions, to use its power under the
Act to get Apple to comply with the
search warrant.
No, that distinction is reserved for his accusation that the FBI officers who — with
warrant in hand —
searched Cohen's office, home and hotel room
acted like «stormtroopers.»
Indeed, more than a year has passed since Mr. Reynoso and Bronx Councilman Ritchie Torres put up a pair of bills jointly called «The Right to Know
Act,» which would obligate police officers to identify themselves before performing a
search without a
warrant, and to inform civilians of their constitutional right to refuse to comply.
The Nova Scotia SPCA Cruelty Investigations team, while
acting under a
search warrant seized dogs from their property which including several new born puppies and rabbits earlier this month.
Inspectors working for the regulator will be able to obtain
warrants to
search premises of companies covered by the
act and
search or examine any activity on site as well as copy documents.
At issue in the case was whether the Microsoft emails are beyond the reach of domestic
search warrants issued under a 1986 law, the Stored Communications
Act.
Much uncertainty currently exists because: it is commercial companies (rather than the state) operating technologies that are potentially invasive; this data can sometimes be generated and distributed from another country — making it harder for an individual to protect their privacy rights; and the application and adequacy of
search warrant laws like the Regulation of Investigatory Powers
Act 2000.
However, the force admits it
acted unlawfully by confirming Sir Cliff's identity to a BBC journalist, and by discussing the
search warrant.
(Foreign proceedings, international fraud, mutual assistance, SFO,
search warrants far wider than overseas request, judicial review, specificity of
warrant, s. 2 Criminal Justice
Act 1987, ECHR, formal Guidance from Divisional Court)
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.
In the Redknapp case, although production orders under s 345 of the Proceeds of Crime
Act 2002 and special procedure
search warrants under PACE 1984, s 9 had previously been granted by a Crown Court judge, it was a
warrant under PACE 1984, s 8 that brought about the judicial review.
During a
search carried out under a
warrant issued under section 158 of the Provincial Offences
Act.
(b) where the inspection or
search referred to in subsection (1) is under an order under section 158 of this
Act or under a
warrant issued under section 158 of the Provincial Offences
Act and a time limit for the inspection or
search is specified in the order or
warrant, be effective until the expiration of that time.
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 n
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 n
act like Yahoo! and Sprint and give it up to anyone with a badge,
search warrant or not.
Therafter, an application was made for a
warrant under s 9 of the Police and Criminal Evidence
Act 1984 (PACE) to allow
searches of the business premises of the clubs for excluded material or special procedure material.
(2) Where a justice of the peace is satisfied on evidence upon oath that there are in a place documents or things that there is reasonable ground to believe will afford evidence relevant to the carrying out of a review officer's duties under this
Act, the justice of the peace may issue a
warrant in the prescribed form authorizing the review officer named in the
warrant to
search the place for any such documents or things and to remove them for the purposes of making copies or extracts and they shall be returned promptly to the place from which they were removed.
Search warrants: The firm regularly acts and has significant success in challenging search warrants obtained by the police, or other investigatory bodies, in the High Court by way of Judicial Review procee
Search warrants: The firm regularly
acts and has significant success in challenging
search warrants obtained by the police, or other investigatory bodies, in the High Court by way of Judicial Review procee
search warrants obtained by the police, or other investigatory bodies, in the High Court by way of Judicial Review proceedings.
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.
Accordingly, we think it employed the term «
warrant» in the
Act to require pre-disclosure scrutiny of the requested
search and seizure by a neutral third party, and thereby to afford heightened privacy protection in the United States.
The government had brought an application for an order under the All Writs
Act 28 USC s 1651 directing Apple, Inc. («Apple») to assist in the execution of a federal
search warrant by defeating the security of an iPhone that was seized in a drug investigation pursuant to a
warrant issued by the court.
The government had brought an application for an order under the All Writs
Act 28 USC s. 1651 directing Apple, Inc. («Apple») to assist in the execution of a federal
search warrant by disabling the security of an iPhone that had been seized pursuant to a
warrant issued by the court.
Topics include commencement of proceedings in both criminal and provincial offences, introduction to
search warrants, the effect and enforcement of recognizances of bail, Mental Health
Act orders of examination, Child and Family Services
Act warrants of apprehension, subpoenas, weapons disposition and prohibition hearings and an introduction to criminal set date court.
On that occasion we
acted for the IC and were able to persuade the sheriff to grant our client a
search warrant of which the occupier of the premises in question had no advance notice.
Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and
search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice
Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction;
search warrant issues; domestic violence issues; orders for examination under the Mental Health
Act; child apprehension
warrants under the Child and Family Services
Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.
A
search warrant for a residence was granted under the Controlled Drugs and Substances
Act («CDSA»), section 11.
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.
In addition to criminal
search powers incident to arrest and
search powers authorized by
warrants, the Canadian Border Service Agency believe they may also
search one's cell phone upon an exit or entry at the border pursuant to the Customs
Act.
Notwithstanding s. 487.01 (1)(c) of the Code, the police Information to Obtain («ITO») discloses the general
warrant is sought ``... to support the issuance of a Controlled Drugs and Substances
Act (CDSA)
Warrant to
search.»
On 4 December 2013 US magistrate judge James Francis granted US authorities a
warrant, under the US» Stored Communications
Act, which authorised the
search and seizure of information «associated with a specified web - based e-mail account that is stored at premises owned, maintained, controlled or operated by Microsoft Corporation».
This case concerns two firms of London - based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed
search warrants under s 9 and Sch 1 of the Police and Criminal Evidence
Act 1984.
The team
acted for Asian Honda Motor in obtaining civil
search and seizure
warrants on the basis of the client's design and patent infringement.
This appeal considered whether, in proceedings for judicial review of the legality of a
search warrant issued ex parte, it is permissible for the High Court to have regard to evidence that is not disclosed to the subject of the
warrant, and if so, whether the same applies to judicial review proceedings regarding the legality of an order made inter parties for retention of unlawfully seized material under the Criminal Justice and Police
Act 2001, s 59.
Enforcement measures established under the
Act include executing
search warrants, issuing Director's Orders to comply, levying administrative monetary penalties and prosecution.
The complaint arises out of the execution on 29 September 2016, by officers of HMRC, of
search warrants under section 8 of the Police and Criminal Evidence
Act 1984 authorising the
search of two properties owned by P and one property that P was living in at the time.
A conservation officer may
search and arrest, without a
warrant, any person he or she has reasonable and probable grounds to believe has committed an offence under the Wildlife
Act.
Justice Ginsburg's words proved prophetic with the recent passage of the CLOUD
Act, which clarifies that a U.S.
search warrant could cover emails stored overseas.
Facebook's policy states that, in accordance with the federal Stored Communications
Act, it can only turn over the stored contents of an account in response to a
search warrant.
Additional information, such as computer logs or content, would require a
search warrant under the 1986 Electronic Communications Privacy
Act.