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.
The affidavit for
search and seizure warrant that authorized federal DEA agents to enter the Menominee Indian Reservation revealed a lack of DEA knowledge of hemp cultivation methods, incorrect information regarding means for identifying industrial hemp, and furthermore violated the Menominee Tribe's sovereign rights per their status as Indian Country.
The Madison County Sheriff's Office served
a search and seizure warrant on the property and found that the animals were being housed in deplorable living conditions.
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 Kanawha - Charleston Humane Association served
a search and seizure warrant on the property and found that the animals were being housed in unsanitary and unsafe conditions.
The sheriff's office served
a search and seizure warrant on the property and found that the dogs were being housed in filthy and inadequate conditions.
The Jones County Sheriff's Office served
a search and seizure warrant on the property Wednesday morning and found dogs housed in unsanitary conditions and lacking proper veterinary care and socialization.
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.
Authorities said federal agents also executed two
search and seizure warrants at the Manganos» home and at the county executive's office in Mineola.
Obtain
search and seizure warrants / court orders when warranted.
We have the resources and capacity to assist in the cultivation of probable cause, drafting of
search and seizure warrants, arrest warrants, crime scene documentation, evidence collection, forensic analysis, animal handling and removal, animal sheltering, and expert witness testimony.
Under Pt 8 investigators may seek production orders,
search and seizure warrants, customer information orders, account monitoring and disclosure orders.
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.
The team acted for Asian Honda Motor in obtaining civil
search and seizure warrants on the basis of the client's design and patent infringement.
Not exact matches
Davis sought Supreme Court review after the 11th U.S. Circuit Court of Appeals ruled in May that the failure to obtain a
warrant did not violate Davis» right to be free from unreasonable
searches and seizures under the Fourth Amendment to the U.S. Constitution.
The county executive said a new anti-drug hotline, 631-852-6272, in the first month has received 230 tips, spurring a 100 percent increase in narcotics
search warrants so far this year,
and 130 narcotics arrests, including
seizure of assault weapons
and kilo - sized drug busts.
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.
o Many of the MSN laws allow animal control to conduct a
search of your property
and seizure of your pets without a
warrant if they think you might not be in compliance with the law.
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.
The FBI hacked into Ulbricht's computer to find evidence against him, which the defendants claimed as unconstitutional since it was a
search and seizure of property without a
warrant.
Though the MOL has greater powers of
search and seizure, there was nothing precluding the police from obtaining a
search warrant so that the same evidence could be retrieved, the Court noted.
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.»
It also would have given investigators
search -
and -
seizure powers to obtain those records without a
warrant.
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.
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.
With respect to the section 8 right to be free from unreasonable
search and seizure, the care
and attention the police pay to the limits of their authority
and to the drafting of informations to obtain
search warrants before intruding into the privacy of the subjects under investigation has significantly increased in the past years.
I'm not seeking legal advice, but rather I'm seeking others thoughts
and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to individuals against police performing illegal
search and seizures, without probable cause, permission of the driver or «owner» of the vehicle or even a
search warrant.
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
search and seizure operation was «heavy - handed»
and resulted in the
seizure of privileged documents
and documents outside the scope of the
warrant.
Search warrant; mischief to data, possession of child pornography, seized computer equipment, search warrant for analysis of computer, making child pornography, s. 8 of the Charter (search and seizure), s. 24 (2) of the Charter (exclusion of evid
Search warrant; mischief to data, possession of child pornography, seized computer equipment,
search warrant for analysis of computer, making child pornography, s. 8 of the Charter (search and seizure), s. 24 (2) of the Charter (exclusion of evid
search warrant for analysis of computer, making child pornography, s. 8 of the Charter (
search and seizure), s. 24 (2) of the Charter (exclusion of evid
search and seizure), s. 24 (2) of the Charter (exclusion of evidence).
We regularly challenge
search warrants and police actions on the merits of this freedom to protect our clients» rights to be free of a warrantless or improperly conducted
search and seizure.
Congress, since the beginning of our Government, «has granted the Executive plenary authority to conduct routine
searches and seizures at the border, without probable cause or a
warrant, in order to regulate the collection of duties
and to prevent the introduction of contraband into this country.»
'' [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.»
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.
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.
To support this allegation, Louis Vuitton referenced police
search warrants executed at the market between 2008
and 2015, resulting in the
seizure of counterfeit goods.
On February 21, 2017, an application was filed before Justice Glen Poelman, a case management judge under s. 551.1 of the Code, asserting that the general
warrant was invalid because it authorized a
search and seizure that was overly broad
and in breach of ss.
After very careful
and detailed analysis, Joseph Neuberger, was convinced that a significant portion of the information was inaccurate
and as a result he drafted a very detailed application to cross-examine the Affiant on the Information to Obtain, in order to challenge the validity of the
warrant and attempt to exclude all of the evidence on a breach of the client's Charter right to be free from unreasonable
search and seizure.
See Prouse, 440 U.S., at 658 - 659; LaFave,
Search and Seizure s. 9.3 (c), at 516 («A
warrant check makes it possible to determine whether the apparent traffic violator is wanted for one or more previous traffic offences.»).»
However, as for the police's powers of
search and seizure, the SCC concluded that receipt of the computer from the school board did not afford the police with the right to conduct the
search without a
warrant.
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.
PIAC also argued that other public safety exemptions in PIPEDA should be examined to ensure that the Act can not be used to avoid a
warrant requirement or otherwise circumvent the law on constitutional
search and seizures.
I would like to have a better understanding of the philosophy behind the drafting of the HR legislation that allows for
search and seizure without notice, consent or a
warrant,
and would appreciate any light that a member could shine on this for me.
It also would have given investigators
search and seizure powers to obtain those records without a
warrant.
On 4 December 2013 US magistrate judge James Francis granted US authorities a
warrant, under the US» Stored Communications Act, which authorised the
search and seizure of information «associated with a specified web - based e-mail account that is stored at premises owned, maintained, controlled or operated by Microsoft Corporation».
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.
Unreasonable
seizure and search; issuance of
warrants.
The Court concluded that open justice should prevail to the maximum extent possible but that it can not be axiomatic that even the gist of the relevant information must be supplied to any person claiming to be affected
and seeking to object to the
warrant,
search or
seizure.
«On established principles of
search and seizure, it was not necessary for the
warrant to specifically list computer, any more than it would have been necessary for the
warrant to list cupboards, drawers or filing cabinets,» wrote Crown counsel Martha Devlin
and Paul Riley.
A very simplified parsing of the Fourth Amendment is «
searches and seizures must be reasonable,
and warrants must be specific (as opposed to general)».