Sentences with phrase «search warrants under»

The complaint arises out of the execution on 29 September 2016, by officers of HMRC, of search warrants under section 8 of the Police and Criminal Evidence Act 1984 authorising the search of two properties owned by P and one property that P was living in at the time.

I agree with the majority when they say that production orders under section 487.012 (1) may involve different privacy interests than search warrants under section 487 (1) because search warrants permit police to enter into and search places, whereas production orders require only that a third party produce documents or data.

This case concerns two firms of London - based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed search warrants under s 9 and Sch 1 of the Police and Criminal Evidence Act 1984.

In the Redknapp case, although production orders under s 345 of the Proceeds of Crime Act 2002 and special procedure search warrants under PACE 1984, s 9 had previously been granted by a Crown Court judge, it was a warrant under PACE 1984, s 8 that brought about the judicial review.

'' [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.

The police entered G.D.'s home just prior to the issuance of a search warrant under allegedly exigent circumstances, and when the warrant was issued began a search of the house and found 3.5 kg of cocaine, over 3.5 kg of meth, 3 kg of ecstasy, and various other substances sufficient to charge G.D. with six drug related offences and put him at risk of a jail sentence in excess of eight years if convicted.

[7 - 8] This power is separate from the power of a justice of the peace to issue a search warrant under s. 77.

Additional information, such as computer logs or content, would require a search warrant under the 1986 Electronic Communications Privacy Act.

Not exact matches

Under Justice Department guidelines, prosecutors must consider alternatives to search warrants by using the «least intrusive approach» to gathering evidence from an attorney's office.

The appeals court said the emails were beyond the reach of domestic search warrants obtained under a 1986 U.S. law called the Stored Communications Act.

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 feds just want the court, like courts have on many other occasions, to use its power under the Act to get Apple to comply with the search warrant.

The National Security Agency has a secret backdoor into its vast databases under a legal authority enabling it to search for US citizens» email and phone calls without a warrant, according to a top - secret document passed to the Guardian by Edward Snowden.

This is not the first time this crowd has viewed American law - enforcement officials operating under a lawful search warrant as being akin to Nazis.

Monday's legal proceedings stemmed from a motion for a temporary restraining order under which Cohen had sought to stop federal investigators from reviewing materials seized in a search warrant last week.

The «raid», which is the execution of a search warrant, is under the jurisdiction of the US Attorney's Office of the Southern District of New York, not that of the Mueller investigation.

Mrs. Jonathan added, «On May 3, 2017, officials of the FIRS, in a convoy of about 20 trucks and over 70 personnel, raided our client's NGO — Aridolf Jo Resort Wellness and Spa Limited — situated at Kpansia Expressway, Bayelsa State, and orchestrated a massive destruction of personal properties belonging to our client without any lawful court order or search warrant and caused mayhem there under the guise of trying to collect unpaid taxes without following any due process provided by law to do so.»

What it certainly does not need, is the consensual reframing of search and rescue as fighting crime instead so as to warrant a military response under a Chapter VII resolution of the UN Security Council.

Under the proposed legislation, the NYPD would have been required to tell people that they can refuse a search where there is no probable cause or a warrant.

«The plan and the trap goes like this: On the 6th of May 2017 — Saturday night stroke Sunday morning — the EFCC, alongside local and international media, both print and TV and radio, will raid an apartment under the guise of whistleblowing policy of the Federal Government with a search warrant already obtained in the magistrate's court to search an apartment alleging to be one of your guest houses in Enugu State capital or any suitable available apartment in your senatorial district that will serve this evil purpose.

However, restrictions on credit reports do not apply to your existing creditors, debt collectors collecting for your existing creditors, or government agencies under certain circumstances (e.g., court or administrative order, subpoena, search warrant), all of which will still be able to access your credit file.

Under this modern, progressive view, the state can obtain warrants to search property based on probable cause pertaining to cruelty or neglect of an animal and enter property without a warrant based on exigent circumstances to seize an animal that is in need of emergency medical care.

The Nova Scotia SPCA Cruelty Investigations team, while acting under a search warrant seized dogs from their property which including several new born puppies and rabbits earlier this month.

At issue in the case was whether the Microsoft emails are beyond the reach of domestic search warrants issued under a 1986 law, the Stored Communications Act.

The federal government has contended that searches of electronic devices require no warrant or individualized suspicion under an exception that allows searches of suitcases at the border.

Facebook and the UK government have been, under warrant, searching the CA premises, and the end result so far is that people's privacy and the future of data sharing on Facebook is in doubt.

It was contended that s 18 is frequently employed by the police since it allows them to conduct a more expeditious search than is possible under the authority of a warrant granted by a magistrate pursuant to s 8 of PACE 1984.

A British Columbia Supreme Court case has dealt with what evidence can be considered under solicitor - client privilege when Revenue Canada officials exercised a search warrant, rounding up more than 1,000 documents, including fragments from a toilet.

[13] The threshold question on this appeal is whether the justice of the peace who issued the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.

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.

WHEN THE POLICE ARRIVE AT A LAW OFFICE Inspect the search warrant • Ensure that the law office is identified as the place to be searched, • Ensure that the date the Police have attended at the law office is the date authorized, • Ensure that the documents sought are identified, • Ensure that the offence under investigation is identified, • Ensure that the requisite judicial officer has signed and dated it, • If there are deficiencies on the face of the warrant, point them out to the Police and assert that the Police should obtain a proper warrant, and Do not obstruct the Police, even if you believe the search warrant or its manner of execution to be invalid.

[10] General warrants under s. 487.01 authorize the use of investigative techniques, procedures or devices, or other things to be done, that would otherwise constitute unreasonable searches.

(3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if,

During a search carried out under a warrant issued under section 158 of the Provincial Offences Act.

(b) where the inspection or search referred to in subsection (1) is under an order under section 158 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.

Police may search your person and the immediate surroundings without a warrant when they are placing you under arrest.

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.

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.

(2) Where a justice of the peace is satisfied on evidence upon oath that there are in a place documents or things that there is reasonable ground to believe will afford evidence relevant to the carrying out of a review officer's duties under this Act, the justice of the peace may issue a warrant in the prescribed form authorizing the review officer named in the warrant to search the place for any such documents or things and to remove them for the purposes of making copies or extracts and they shall be returned promptly to the place from which they were removed.

If a search warrant or dawn raid does not meet the above legal requirements, any evidence obtained under that warrant may be deemed by a court to have been unlawfully obtained.

Technically, under the Act, if a person entered Toronto's City Hall — a public, municipal building — police officers would have the right to search that person without a warrant.

The government had brought an application for an order under the All Writs Act 28 USC s 1651 directing Apple, Inc. («Apple») to assist in the execution of a federal search warrant by defeating the security of an iPhone that was seized in a drug investigation pursuant to a warrant issued by the court.

But if Judge Clark agrees that Mr. Smith had a reasonable expectation of privacy and grants him standing, it would mean police forces across the country, who daily obtain subscriber information under PIPEDA requests, would have to revert to the old, labour - intensive system of seeking search warrants every time they want customer information from ISPs.

However the flaw in this argument is that there is no power in the criminal courts (whether on a review of the section 8 warrant or on an application under section 59) to quash a warrant or to make any declaration as to the legality of the search or seizure under the warrant.

The trade ‑ off for permitting the police to deploy their dogs on a «reasonable suspicion» standard without a warrant is that if this procedure is abused and sniffer ‑ dog searches proceed without reasonable suspicion based on objective facts, the consequence could well tip the balance against the admission of the evidence if it is established under s. 24 (2) of the Charter that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

The government had brought an application for an order under the All Writs Act 28 USC s. 1651 directing Apple, Inc. («Apple») to assist in the execution of a federal search warrant by disabling the security of an iPhone that had been seized pursuant to a warrant issued by the court.

(3) The Commissioner shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under subsection (4).

In this unreported case in the Court of Queen's Bench of Alberta, Q.B. No.: 160544938Q1, at Calgary, the police obtained a general warrant under s. 487.01 of the Criminal Code to search mobile telephones for text messages and other data.