Our firm also represents students at Vassar College, Marist College, and The Culinary Institute of America whose criminal cases may involve
search and seizure issues.
Not exact matches
Day 2 - Emerging Trends in Student Use of Controlled Dangerous Substances This session will provide detailed information on the latest trends in the use of CDS, signs to look for, best practices in addressing immediate medical
issues and legal requirements that come into play when CDS is found, including
issues related to student
search and seizure.
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 Litigation Center also regularly participates in cases that present important constitutional questions regarding the separation of powers, due process rights, unreasonable
searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech,
and many other
issues.
He takes a particular interest in
search and seizure law
and constitutional
issues.
Generally speaking there are 5 basic constitutional
issues that are commonly engaged in a successful defence of drinking
and driving cases: «arbitrary detention» (s. 9 of the Charter), «unreasonable
search and seizure» (s. 8 of the Charter), «right to counsel» (s. 10 (b) of the Charter), the «right to be informed promptly of the reasons for your detention» (s. 10 (a) of the Charter)
and the «right to be tried within a reasonable time» (s. 11 (b) of the Charter).
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.»
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
issue on the appeal was whether the opening,
search and seizure of a package that a third party arranged to have delivered to Godbout withstood Charter scrutiny.
The Fourth Amendment which protects all against unreasonable
search and seizure and from being arrested
and locked away without cause
and the Tenth Amendment which gets to the other
issue of whether or not localities are in fact following the law or not.
In the courtroom, we often defend our clients on the basis of
issues related to
search and seizure.
'' [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
issue was whether the accused had a reasonable expectation of privacy in regard to the contents of the laptop, whether his right to be free from unreasonable
search and seizure had been infringed,
and whether the evidence should be excluded under Section 24 (2) of the Charter.
In addition to courtroom representation, we provide training on excessive force, police department liability,
search and seizure,
and civil rights
issues for law enforcement personnel.
Our lawyers have appeared in the Supreme Court of Canada on constitutional
issues, including
search and seizure of business records, picketing
and leafleting of business premises, defamation
and freedom of expression, school funding, access to therapeutic records in sexual assault cases
and international human rights covenants.
He has extensive experience in litigating unlawful
searches and seizures and other Charter - related
issues.
Further, the SCC agreed with the Court of Appeal that the principal had a statutory duty to maintain a safe school environment, which imbued implied powers of
search and seizure of a school -
issued laptop.
The SCC concurred with the Court of Appeal's finding that the police infringed Mr. Cole's rights against unreasonable
search and seizure, finding that he had a reasonable, although diminished, expectation of privacy for the personal files kept on his employer -
issued laptop.
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.
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.
As part of clinic class time yesterday we got to hear from an experienced criminal appeals attorney who had the following thoughts on how criminal defense trial lawyers should think about 4th Amendment
issues (illegal
searches and seizures):
She has lectured at a number of Continuing Legal Education programs on
issues involving
search and seizure, probation
and parole, use of peremptory challenges, postconviction relief, professionalism
and ethics,
and the independence of the judiciary.
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.
Interim measures are frequently required, including
search and seizure orders
and freezing injunctions, to prevent dissipation of assets prior to the
issue of proceedings.
The Fourth Amendment guarantees, «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.»