Sentences with phrase «of search warrants»

Maintained detailed investigative documentation of fact and evidence, obtained dozens of search warrants.

This case will be of interest to commissioners, providers and care co-ordinators confirming the boundaries of the scope of the Court of Protection and that this Court does not have a role in adjudicating upon the decision making of a public authority exercising its statutory powers (for example, the execution of search warrants in criminal proceedings).

Two aspects of Cpl. Marcetta's testimony in Croft — information about an informant's relationship with the target and information about perceived reliability — are relevant to the reasonable grounds precondition for the issuance of search warrants and wiretap authorizations.

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.

The ramifications will touch upon every interaction police officers have with the public including breath samples in impaired driving cases, the execution of search warrants, and on - the - street encounters as was the case in Grant.

But generalizations about the relative intrusiveness of search warrants versus production orders may not withstand scrutiny.

It starts with the Federal Rule of Criminal Procedure 41, an arcane but important procedural rule on the issuance of search warrants.

These plaintiffs don't have the benefit of search warrants, they need to rely on discovery.

Cranston J held that Al Rawi v Security Service [2011] UKSC 24, [2012] 1 AC 531 had no application to the judicial review of search warrants as the common law right to information does not arise fro consideration [39].

Your attorney can challenge traffic stops and other police actions as well as the evidence being used against you and test the validity of search warrants to create the strongest defense strategy possible.

«We hold that Linderman's instruction to seize «truckloads» of personal property, including numerous motorcycles and a piece of concrete, for the sole purpose of proving that the Hells Angels was a gang was an unreasonable execution of the search warrants in violation of the Fourth Amendment.»

As a result we engaged in lengthy communications with Crown Office and Police Scotland concerning the usual methods for preserving privilege during the execution of search warrants, including the instruction of independent counsel to conduct a privilege review or inviting a court to resolve any dispute about privileged material.

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.

Judicial review of search warrants is a rare procedure.

But perhaps in a case where the defendant is acquitted, or proven innocent, a takings argument could be run by analogy with the cases dealing with innocent people who suffered loss as a result of police execution of search warrants.

She also declined to comment on whether the town had received any subpoenas or was the target of any search warrants.

They also routinely participate in the interview of suspects and the preparation of search warrants, making certain that these investigative techniques do not run afoul of the often complex legal pitfalls that could be fatal to a successful criminal prosecution.

'' Accordingly, the public are implored to verify the authenticity of any demand for the execution of Search Warrants by referring to the nearest office of the EFCC.

«Today the U.S. Attorney's Office for the Southern District of New York executed a series of search warrants and seized the privileged communications between my client, Michael Cohen, and his clients.

The whole conversation, permissible as a result of a search warrant against Hernandez, reads:

The court papers were filed in support of a search warrant the FBI sought in December 2014 and that was executed a month later related to email records.

It's just that that the privilege alone won't prevent the issuance of a search warrant for documents in an attorney's office.

The «raid», which is the execution of a search warrant, is under the jurisdiction of the US Attorney's Office of the Southern District of New York, not that of the Mueller investigation.

The development follows a lengthy period in which defense attorney Paul J. Cambria Jr. argued against the admission of evidence collected in Pigeon's home almost two years ago following issuance of a search warrant.

Justice Mohammed noted that on one hand, sections 149 and 150 of the Constitution made it mandatory for the owner or occupant of a house or his or her representative to be present during the execution of a search warrant in the said house.

Schumer says Comey's issuance of a search warrant to look at Clinton aide Huma Abedin's emails Sunday only shows that the FBI director does not have solid evidence that there was anything amiss in the messages.

Schumer said Comey's issuance of a search warrant to look at Clinton aide Huma Abedin's emails Sunday only shows that the FBI director does not have solid evidence that there was anything amiss in the messages.

ALDF attorneys will also assist law enforcement officers with drafting affidavits in support of search warrant applications.

I just read the entire thread on the execution of the search warrant on Tallbloke's computers over at Laden's blog, and he says no such thing.

Or perhaps you might want to actually explain why you and Wilde still aren't going to sue the UK police over the supposed «inappropriate» nature of the search warrant, instead of simply pretending that you never mentioned it.

Though no mention is made of drawn guns, the report does say that the cellular phone of one of the family members was forcibly seized, and that there was initial «resistance» to the execution of the search warrant.

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.

Although the excision of misleading or fraudulent information may not lead to the automatic vitiation of a search warrant, there still remains the need to protect prior authorization systems.

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.»

Unlike a sealing order, a properly tailored non-publication order can allow the media to publish material about many aspects of the search warrant materials in question as well as about any non-publication order made.

Similarly, it may also be possible to challenge the validity of a search warrant, or expose forensic flaws relative to blood, breath and urine testing, fingerprint analysis, DNA testing, ballistics, gunshot residue testing, etc..

The obtaining of a search warrant was never to be treated as a formality.

All the material necessary to justify the grant of a search warrant has to be contained in the information provided in the relevant pro-forma.

They look at the shield law, the validity of the search warrant and the legal battle that could possibly lie ahead.

After seizing 7 guns and a large quantity of methamphetamine during the execution of the search warrant, in a addition to the seizures made after agents listened to the hundreds of hours of wiretaps, his client was facing 40 years or more in federal custody.

(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).

The Court of Appeal upheld the trial judge's ruling that the gathering of the evidence that formed the grounds of the search warrant violated Mr. White's Section 8 rights under the Charter of Rights and Freedoms («Charter»), and the evidence was excluded pursuant to section 24 (2) of the Charter.

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].

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.

Anton Piller orders (which is the non-criminal law equivalent of a search warrant authorization) are about the riskiest order you can get.

Vancouver Criminal Lawyer Emmet J. Duncan successfully challenged the validity of the search warrant in a hearing which included the lengthy cross-examination of the police officer who obtained the warrant.

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.

On the merits, a lot turns on the government's use of a search warrant, which it is trying to make operate like a subpoena.