Sentences with phrase «authorizes search and seizure»

On February 21, 2017, an application was filed before Justice Glen Poelman, a case management judge under s. 551.1 of the Code, asserting that the general warrant was invalid because it authorized a search and seizure that was overly broad and in breach of ss.

Not exact matches

The affidavit for search and seizure warrant that authorized federal DEA agents to enter the Menominee Indian Reservation revealed a lack of DEA knowledge of hemp cultivation methods, incorrect information regarding means for identifying industrial hemp, and furthermore violated the Menominee Tribe's sovereign rights per their status as Indian Country.

The 4th Amendment requires that searches and seizures be reasonable in the manner that they are carried out even if the search or seizure is itself authorized by law.

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.

The lawyer is required to do this in the knowledge that any solicitor - client confidences contained in these records are not adequately protected against searches and seizures authorized by the scheme.

Edited to add: Texas is in the Fifth Circuit, which follows the rule that unauthorized drivers don't have standing to challenge a search / seizure even with the authorized driver's permission to drive the car; unauthorized drivers of rental cars don't have a reasonable expectation of privacy because they lack a possessory interest in the car and / or they're violating the rental agreement.

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.

It concluded that the search and seizure of the laptop and all of its contents by the principal and school board was both authorized by law and was reasonable.

It sought a declaration that the sections of the Income Tax Act which authorized the order were of no force or effect because they unjustifiably infringe the protections of life, liberty and security of the person and protections against unreasonable search or seizure contained in the Charter.