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.
Not exact matches
Agents paid several Geek Squad members hundreds
of dollars for tips when customers brought in computers for repair that contained illegal
material and then used the
materials to justify
search warrants after the fact.
Both sides requested a May 25 court date for a status conference that may determine whether a special master or a separate «filter team» or «privilege team»
of prosecutors will review the seized
materials to decide what is responsive to the
search warrant and what is protected by attorney - client privilege.
Included in
material seized during FBI
warrant searches at Espada's health - care firm are 90 boxes containing «hundreds
of thousands
of documents,» the feds say.
But after reviewing
material from the
search warrant of his business that month, other leads developed, she said.
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 consultation document also looks at electronic applications for
warrants, the need for greater consistency in time limits for the execution
of warrants, the use
of reasonable force in their execution, the seizure
of material not explicitly referred to in a
warrant, and legal professional privilege relating to
material found under any
search warrant.
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.
He accepted that the description
of the
material sought was essentially the same as that sought in the earlier
warrants, except for the words excluding from the
search documents which attracted legal privilege or excluded
material.
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.
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.
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].
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 statutory scheme
of PACE 1984, ss 8 and 15, permits a Magistrates» Court in an ex parte application for a
search and seizure
warrant to have regard to
material that, on public interest grounds, can not be disclosed to a person affected by the
warrant or order, even where this
material is decisive for the legitimacy
of the
warrant.
Top Executive
Search Firms does not
warrant that any
of the
materials on its web site are accurate, complete, or current.