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.
They say the same Fourth Amendment privacy standards that require police to obtain
search warrants before examining hard drives in someone's living room, or a physical letter stored in a filing cabinet, should apply.
The justices ruled that police must obtain
a search warrant before requiring drivers to take blood alcohol tests, but not breath tests, which the court considers less intrusive.
In response to Congressional investigation and just prior to formal Congressional hearings on the issue, DOJ & DHS significantly changed their discretionary internal policies to require a probable cause
search warrant before using cell - site simulators — a major about - face from the policy in use since 1997.
Not exact matches
As for law enforcement, sure, the law requires police officers to get a
warrant before searching a phone.
'' [Petraeus] not only shared [classified information] with someone who was not allowed to have it, but we found it in a
search warrant under the insulation in his attic, and then he lied to us about it in the investigation,» Comey said during a Thursday hearing
before the House Oversight and Government Reform Committee.
President Donald Trump's longtime personal attorney Michael Cohen's phones were tapped weeks
before federal investigators executed a
search warrant on his office.
«From the information available to me, no
search warrant was presented
before the commencement of the
search.
Another bill, Intro 541, is more controversial, and would require police officers to obtain proof of consent
before searching a suspect when there is no
warrant or probable cause.
NYPD detectives armed with a
search warrant took Travis» phone on Sunday night just
before she boarded her flight, the sources said.
Indeed, more than a year has passed since Mr. Reynoso and Bronx Councilman Ritchie Torres put up a pair of bills jointly called «The Right to Know Act,» which would obligate police officers to identify themselves
before performing a
search without a
warrant, and to inform civilians of their constitutional right to refuse to comply.
In Glendale, California, a few days
before Mitnick's arrest, lawyers from the Church of Scientology accompanied by police officers presented a former member of the church, Dennis Erlich, with a
warrant to
search his apartment.
Osceola County animal control officials obtained a
search warrant from a circuit judge
before going to the nearly grassless field east of St. Cloud, near Ashton.
The whole point behind a
warrant is to preserve civil property rights by requiring the police to present evidence to a judge and to get the judge's approval
before searching one's property.
Our answer to the question of what police must do
before searching a cell phone seized incident to an arrest is accordingly simple — get a
warrant,» he wrote.
As to exigent circumstances, fortunately federal Magistrate Judge Thomas M. DiGirolamo —
before whom I sometimes appear — recently confirmed that exigent circumstances require a real exigency to withdraw blood without consent or a valid
search warrant.
The Canadian Criminal Code dictates that, without a
warrant to
search your home, a police officer must ask permission
before entering the home.
On Friday September 7, 2012 the Ontario Court of Appeal will consider the case of R. v. Fearon, which will examine whether the police need to get a
warrant before searching an arrested person's cell phone.
Does the person being
searched have the right to demand the computer be turned off
before it is taken on the grounds that the
warrant is only for the computer, not for the activity he is currently involved in?
«The ABA will continue to urge DHS, CPB, and other agencies to further improve their policies by requiring border officers to obtain a subpoena based on reasonable suspicion or a
warrant supported by probable cause
before searching the contents of lawyer electronic devices.»
Just as we have in other cases dispensed with the
warrant requirement when «the burden of obtaining a
warrant is likely to frustrate the governmental purpose behind the
search,» Camara v. Municipal Court, 387 U.S. at 532 - 533, we hold today that school officials need not obtain a
warrant before searching a student who is under their authority.
The
warrant requirement, in particular, is unsuited to the school environment: requiring a teacher to obtain a
warrant before searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools.
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.
:
Before officers even obtain
search warrants or seize evidence in drug cases, they often rely on paid informants to provide the initial information, and courts scrutinize the reliability of these and other tips very closely.
The issue
before the Supreme Court of Canada in this case was whether a
warrant to
search a location automatically extends to computers found in that location, or whether specific judicial authorization is required in order for computers to be
searched.
We urged that, absent exigent circumstances such as danger to life or imminent loss of evidence, the police should be required to get a
warrant before searching a person's hand - held electronic device.
The issue
before the court in Vu was whether the RCMP officers lawfully
searched two computers and a mobile phone while executing a
search warrant at a residence.
The claimants considered the reports played a key role in the preparation of the information placed
before the HHJ Worsley QC in application for the
search warrants.
The police executed a valid
search warrant and found guns and drugs in Hudson's house, but the
search was unlawful because the police did not knock and announce
before entering.
Last week, EFF led a group of civil society organizations that included Access Now, the Center for Democracy and Technology, and New America's Open Technology Institute in filing a brief demanding that the court apply a stringent constitutional test
before enforcing gag orders accompanying a number of secret
search warrants.
Most importantly, starting today all federal law enforcement agencies — and all state and local agencies working with the federal government — will be required to obtain a
search warrant supported by probable cause
before they are allowed to use cell - site simulators.