Sentences with phrase «search and seizure by»

computers or cellphones)-- Search and seizure by police The appellant was charged with production of marijuana, possession of marijuana for the purpose of trafficking, and theft of electricity.

computers or cellphones)-- Search and seizure by police The accused was charged with four breaches of s. 172.1 of the Criminal Code.

Accordingly, we think it employed the term «warrant» in the Act to require pre-disclosure scrutiny of the requested search and seizure by a neutral third party, and thereby to afford heightened privacy protection in the United States.

The Fourth Amendment protects individuals against unreasonable search and seizure by the government.

Should the driver have the same rights in a rental car that he's not a listed driver on the rental contract, as he would if he was in his own vehicle; which should protect him against illegal search and seizures by police with no probable cause, as police stated in their own words at his trial?

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizure by the government.

Refrain from waiving Fourth Amendment protections against unreasonable searches and seizures by:

Not exact matches

Justice Douglas noted that individual privacy concerns were protected by a series of express Constitutional provisions, like the Third Amendment's prohibition on quartering soldiers during peacetime, the Fourth Amendment's right to be free from unreasonable search or seizure, and the Fifth Amendment's right against self - incrimination.

The most explicit statement of these limitations is in the Constitution's first ten amendments — the Bill of Rights — which guarantee freedom of religion, speech, press, assembly, and petition, the right to bear arms, protection against the obligatory quartering of soldiers, security from unwarranted search and seizure, the right to a grand jury, protection against double jeopardy and self - incrimination, the right of due process, just compensation for private property taken for public use, and speedy public trial by jury without excessive fines or bail.

But that freedom is just one of many that we enjoy in the United States — and religious tolerance is no more, or less, valuable than are rights to free speech, to bear arms, to be free from search and seizure, to be presumed innocent until proven otherwise, to be tried by our peers, to have our day in court, to not be imprisoned or fined without cause, to ensure State's rights, to be free from slavery and involuntary servitude, and on, and on, and on.

««Privacy,» «he said, «is a broad, abstract, and ambiguous concept which can easily be shrunken in meaning but which can also, on the other hand, be interpreted as a constitutional ban against many other searches and seizures [than those intended by the Fourth Amendment].»

The recent unhappy arrest of a Conservative shadow minister, the searching of his parliamentary office by anti-terrorist police and the seizure of his IT equipment and files, compounds a number of recent episodes of unhappiness about collusion between the police and the Home Secretary, and about the role of the Speaker and the Serjeant at Arms.

Fueled by labor unrest and the anarchist bombings, and then spurred on by United States Attorney General A. Mitchell Palmer's attempt to suppress radical organizations, it was characterized by exaggerated rhetoric, illegal search and seizures, unwarranted arrests and detentions, and the deportation of several hundred suspected radicals and anarchists.

The most obvious rights lost by people convicted of a felony are the rights to vote, the right to bear arms, and to a degree, the right to be free of unreasonable search and seizure.

Pedicab drivers have been subjected to unconstitutional stops, searches, seizures and bogus fines by the NYPD, a new lawsuit charges, accusing Mayor de Blasio, NYPD Commissioner Bratton and the city...

A letter sitting in your home is covered by the Fourth Amendment protection against unreasonable search and seizure, but that same letter in your Gmail, if sent and read over six months ago, is not afforded the same protection.

Still, the position taken by other officials — including the authors of the FBI's official surveillance manual — puts the department at odds with a growing sentiment among legislators who insist that Americans» private files should be protected from warrantless search and seizure.

More and more, Edward becomes informed on the questionable and intrusive tracking, legal manipulation, and data collection being secretly conducted by the U.S. government on not only foreign threats, but its own citizens without formal warrants, court orders, or proper search - and - seizure procedures.

According to a press release from the Humane Society of the United States (HSUS), the dogs were removed on June 29 after a search and seizure warrant was obtained by the Jefferson County Sheriff's Office.

For example, in cruelty cases, abusers may relinquish their animals in one of two ways: voluntarily, whereby a legal transfer of ownership agreement is signed by the owner; or involuntarily, whereby a search and seizure warrant is written by a judge and presented by law enforcement officials.

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.

Section 8 of the Charter may prohibit unreasonable search and seizure committed by law enforcement.

To effectively confiscate all firearms, you would need to violate not only the 2nd amendment, but also the 4th Amendment right against search and seizure without a warrant based on probable cause of a specific crime, and the 5th Amendment right to due process of law and just compensation for property taken by the government.

Eric Roher also completed a series of six videos on education law issues, which were produced by Canada Law Book and cover a range of issues, including: Violence in Schools, Search and Seizure, Racial and Sexual Harassment, Negligence and Liability, Suspension and Expulsion and Medication and Medical Treatment.

The majority opinion of Justice Stewart was specifically approved by a unanimous Supreme Court of Canada in Hunter v Southam Inc., [1984] 2 SCR 145 where Justice Brian Dickson held, at p. 159, that s. 8 of the Charter containing the constitutional protection against unreasonable search and seizure is not restricted to the protection of property or associated with the law of trespass, at p. 159: «[I] n Katz... Stewart J. delivering the majority opinion of the United States Supreme Court declared at p. 351 that «the Fourth Amendment protects people, not places».

If «the broad and general right to be secure from unreasonable search and seizure guaranteed by s. 8 is meant to keep pace with technological development», then courts must recognize that SMS technology, in which messages may be said to be «sent», «received», and «transmitted» between devices, is just one means of text messaging among many and is, from the point of view of the user, functionally identical to numerous others.

More about border searches of electronic devices can be found in the authors» article, «Electronic Device Searches: What Business Travelers Should Know About Searches And Seizures Of Electronic Devices At U.S. Borders And Airports,» which appears in The Government Contractor, a weekly newsletter published by Thomson searches of electronic devices can be found in the authors» article, «Electronic Device Searches: What Business Travelers Should Know About Searches And Seizures Of Electronic Devices At U.S. Borders And Airports,» which appears in The Government Contractor, a weekly newsletter published by Thomson Searches: What Business Travelers Should Know About Searches And Seizures Of Electronic Devices At U.S. Borders And Airports,» which appears in The Government Contractor, a weekly newsletter published by Thomson Searches And Seizures Of Electronic Devices At U.S. Borders And Airports,» which appears in The Government Contractor, a weekly newsletter published by Thomson Reuters.

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.»

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.

And, as did the Privy Council thereafter, that metaphor has been approved by the SCC a number of times, including in regard to the Canadian Charter of Rights and Freedoms s. 8 (search or seizure) in, Hunter v. Southam [1984] 2 SCR 145, 155; and also in regard to s. 6 (mobility rights) of the Charter in, LSUC v. Skapinker [1984] 1 SCR 357, 3And, as did the Privy Council thereafter, that metaphor has been approved by the SCC a number of times, including in regard to the Canadian Charter of Rights and Freedoms s. 8 (search or seizure) in, Hunter v. Southam [1984] 2 SCR 145, 155; and also in regard to s. 6 (mobility rights) of the Charter in, LSUC v. Skapinker [1984] 1 SCR 357, 3and Freedoms s. 8 (search or seizure) in, Hunter v. Southam [1984] 2 SCR 145, 155; and also in regard to s. 6 (mobility rights) of the Charter in, LSUC v. Skapinker [1984] 1 SCR 357, 3and also in regard to s. 6 (mobility rights) of the Charter in, LSUC v. Skapinker [1984] 1 SCR 357, 365.

In addition, SB4 is already under attack by the City of Houston and other jurisdictions on numerous constitutional grounds, which focus on the constitutional requirements for arrests, searches, seizures, due process, and equal protection.

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.

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.

In a post here last week, E-Mail Not Protected by 4th Amendment, Judge Says, we discussed a federal judge's ruling that the Fourth Amendment's protection against unreasonable searches and seizures does not apply to e-mail.

In 1819, the government introduced harsh new laws, the «Six Acts», which prohibited possession of weapons by civilians, introduced wide search and seizure powers, restricted public meetings, increased penalties for blasphemy and sedition, and imposed swingeing taxes on pamphlets and periodicals.

The search and seizure process took some six hours, concluding at 18.45, when a large quantity of documents concerning the civil disputes were removed by the officers.

Obtained a directed verdict on all but one count of a complaint and a defendants» verdict on the remaining count for two Fairfield County police officers accused of false imprisonment, unreasonable search and seizure pursuant to the Fourth Amendment, and malicious prosecution in a case brought by two elderly residents charged with animal cruelty.

The client is protected by the United States Constitution against unreasonable searches and seizures.

In cases such as drug crimes, prosecutors tend to rely heavily on the evidence collected by police during a search and seizure.

This provision of the Fourth Amendment protects individuals» privacy rights by placing limitations on the ability of police officers to conduct searches of people or property and to make arrests or seizures.

In «Searches and Seizures in a Digital World,» recently accepted for publication by the Harvard Law Review, Kerr advocates for a redefined framework to «protect the function of existing Fourth Amendment rules in the new world of digital evidence.»

28 Mr. C. submits that the entry of the police officers into his apartment and the subsequent search of his apartment and the seizure of his property without his consent was unreasonable and therefore constituted a violation of his rights as guaranteed by s. 8 of the Charter.

In particular, two of his Charter rights had been infringed by the seizure and warrantless search:

'' [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.»

By the Fourth Amendment, the «people» are guaranteed protection against unreasonable searches and seizures.

The Fourth Amendment to the United States Constitution, which guarantees» [t] he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,» has been applied to monitoring by government employers.

The laws surrounding searches and seizures are complex, so sometimes a case is destroyed due to errors made by law enforcement officers during the collection of evidence.

The magazine offers timely, informative articles written for and by criminal defense lawyers, featuring the latest developments in search and seizure laws, DUI / DWI, grand jury proceedings, habeas, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture, white collar crime, and more.

First we dissect the case legally for defenses both in the search, seizure and attainment of evidence and whether the State can prove possession by actual care, custody, control or management of the marijuana.

For this reason, the protection against unreasonable search and seizure guaranteed by the Fourth Amendment applies to telephone conversations.9 It also is recognized widely that the attorney - client privilege applies to conversations over the telephone as long as the other elements of the privilege are present.10 However, this expectation of privacy in communications by telephone must be considered in light of the substantial risk of interception and disclosure inherent in its use.