Sentences with phrase «against unlawful search»

Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a hearing each time because the searches leading to the arrest were blatantly unlawful under the 4th Amendment prohibition against unlawful search and seizure.

The Court held that there was no breach of Cole's section 8 rights against unlawful search and seizure under the Canadian Charter of Rights and Freedoms because the technician stumbled upon the images while accessing the laptop for these implicitly authorized purposes.

At Rosenthal & Wadas our DWI attorneys pride themselves on their aggressive defense against unlawful search and seizures.

Thus, by sending client documents overseas, lawyers may waive their clients» Fourth Amendment protections against unlawful search, or compromise the attorney - client privilege.

Holding someone based on such a request violates the Fourth Amendment, which protects against unlawful search and seizure, the judge ruled.

However, there are certain protections that the Constitution guarantees individuals against unlawful searches.

Not exact matches

The Canadian Charter of Rights and Freedoms protects against unlawful detention, arrest and search.

The claimant brought civil proceedings against the police, alleging that the search of his home was unlawful because it could not be proved that the original suspect had either occupied or controlled the claimant's premises and so the police were not entitled to search the claimant's premises.

If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.