Sentences with phrase «issuing of a search warrant»

In the case of «C», Underhill J, sitting alone, in support of his ruling that the statutory conditions for the issue of a search warrant «must be conscientiously complied with», referred to a 1972 judgment (Williams v Summerfield [1972] 2 QB 512, [1972] 2 All ER 1334) of the then Lord Chief Justice, Lord Widgery, where he said:

«Generations of justices have, or I would hope have, been brought up to recognise that the issue of a search warrant is a very serious interference with the liberty of the subject.»

«Generations of justices have, or I would hope have, been brought up to recognise that the issue of a search warrant is a very serious interference with the liberty of the subject, and a step which would only be taken after the most mature careful consideration of all the facts of the case.»

Not exact matches

A search warrant enabled them to confiscate the first - term DA's county - issued cell phone as part of an ongoing investigation into Abelove's conduct.

When Col Dasuki alleged that his house was illegally searched, I pointed out that the action of the SSS was justified as there was a search warrant validly issued by a magistrate court in the federal capital territory that authorised the search.

A search warrant was executed on October 2, 2017 after the owners of the animals failed to comply with issued Orders.

And for a judge, the correlative graph of CO2 to temperature adjustments should be sufficient to issue search warrants on the adjusters...

I also differ somewhat on the issue of how the DoJ order and the search warrant were connected.

For those who are still puzzled about the issue of non disclosure of information supporting a search warrant I can report what the Police told me but I am not a criminal lawyer so can not comment on the subtleties.

So the authorities may be thinking that «FOIA» e-mailed some of the bloggers in the denialsphere directly, with, say, that «passphrase... and this may've led to the Norfolk police convincing a judge to issue a search warrant for Tallbloke's computers, the DoJ sending (via wordpress) notices to some folks ordering them to not destroy relevant info, etc..

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.

The CRA warrant issued granted officers the right to search JGC's residence for material relating to rentals and accounting material from the beginning of 2006 to the end of 2008.

The Fourth Amendment: «The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.»

[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.

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].

Last month, in Canada, Sproat J. of the Superior Court of Justice issued a very important decision (R. v. Rogers Communications) for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties.

The right of the People to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Every magistrate in the land would do well to heed the lessons learnt from the judgment in Redknapp v City of London Police [2008] EWHC 1177 (Admin), [2008] All ER (D) 319 (May) in relation to the issue and execution of search warrants.

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.

(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.

'' [t] he right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.»

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.

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,

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.

(3) The Commissioner shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under subsection (4).

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.

Justices of the Peace issue search warrants after law enforcement officers bring them a sworn Information to Obtain.

The general warrant was issued, in substance, to search the «Limited Edition» store — in other words, for the same investigative technique which was otherwise available under s. 11 of the CDSA (less the more demanding or «onerous» requirements of that section).

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

Under this section, a warrant may be issued by a judge following an application by a peace officer, without notice to the respondent, where there are reasonable and probable grounds to believe that a family member may have been the subject of family violence, will be found at the place to be searched, and the person who provided the information has been refused access to the family member.

Although Cranston J accepted that the public interest might require persons to be given access to a court of the purpose of challenging the issue and execution of a search warrant and the retention of material (either in the Administrative Court or the Crown Court under section 59) given the relative weakness of the individual rights at stake and the relatively trivial interference with those rights, it was legitimate for the courts to permit the withholding of PII material in the wider public interest [33, 41].

In general, the government may search and seize any information through a warrant issued by a court or by the consent of the property or information owner.

At the first day of the preliminary hearing at the Ontario Court of Justice in Scarborough, Lawyer John Navarrete met with the Crown Attorney to present various legal issues with the Crown's case including the fact that the search warrant was obtained only after police initially entered her apartment without one, that the Crown could not prove that the client had any knowledge of the firearm or drugs given where they were located in her apartment and the fact that there was another co-accused who resided there, and that the Crown could not prove that the firearm was functional since it had never been tested and no Firearms Expert Report had ever been provided.

The police entered G.D.'s home just prior to the issuance of a search warrant under allegedly exigent circumstances, and when the warrant was issued began a search of the house and found 3.5 kg of cocaine, over 3.5 kg of meth, 3 kg of ecstasy, and various other substances sufficient to charge G.D. with six drug related offences and put him at risk of a jail sentence in excess of eight years if convicted.

Officers must be guided in the execution of the search warrant by the parameters imposed by the issuing justice.

The issue before the Supreme Court of Canada in this case was whether a warrant to search a location automatically extends to computers found in that location, or whether specific judicial authorization is required in order for computers to be searched.

[7 - 8] This power is separate from the power of a justice of the peace to issue a search warrant under s. 77.

The defence raised constitutional issues with respect to the warrant to search the home as well as the improper arrest and search of the car and the Crown chose to withdraw all of the charges rather than proceed.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.

Generally speaking, search warrants, wiretaps, and arrest warrants are investigative tools available only in criminal investigations, and in the absence of exigent circumstances, may only be issued upon a showing to a neutral magistrate or judge, supported by a sworn statement showing that probable cause exists that a crime has been committed and (1) in the case of an arrest warrant, that the person named committed that crime, and (2) in the case of a search warrant or wiretap, that the search or wiretap will reveal evidence of that crime.

Rather, these reasons relate to those situations where a warrant is issued for the search of a place and police want to search a computer within that place that they reasonably believe will contain the things for which the search was authorized.

Today, Rule 41 prohibits a federal judge from issuing a search warrant outside of the judge's district, with some exceptions.

When an investigation is already underway, we offer counsel and assistance on such issues as the proper response to subpoenas, the execution of search and seizure warrants and preservation of documents and computer evidence.

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.

The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.

However, the Public Prosecutor has coercive measures at his disposal and may, for instance, issue search warrants, seize objects and assets, conduct secret surveillances (including the interception of mail and telecommunications), monitor bank accounts and conduct dawn raids (see question 4).

(4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.

To make it more salient let's consider a search warrant for some small amount of drugs issued on a residence.

On appeal, Barrs says the validity of the search warrant and information from a confidential informant will be at issue.