Sentences with phrase «unlawful search»

You have the right to remain free from unlawful searches, seizures, and arrests.

He has dealt extensively with an individual's rights to counsel and right to be secure from unlawful search and seizure.

Holding someone based on such a request violates the Fourth Amendment, which protects against unlawful search and seizure, the judge ruled.

As Justice Binnie stated in the first Supreme Court case that considered this issue, the court's after - the - fact examination of police conduct is the only protection an individual has against this particular form of unlawful searches.

Claims for breach of Article 2 and 3 investigative duties, malicious prosecution and other causes of action, including cases involving unlawful searches and seizures, the use of batons and the unlawful disclosure of private information;

The Fourth Amendment prohibits unlawful search and seizure.

Police Inspector Frank Ochoa (Vincent Gardenia) is a kind of mirror to Paul: a very effective cop who doesn't let little things like unlawful search and seizure slow him down in the hunt for the gunman who's ventilating known muggers and addicts.

So far BC Driving Lawyers has fielded calls from across the province, ranging from an Ontario - based trucking firm whose driver was stopped in northeastern B.C. for impaired driving to clients inquiring about unlawful search and seizures roadside.

In a small victory for the Government, the High Court has allowed the Serious Fraud Office (SFO) to withdraw a previous admission that it had committed trespass as a result of executing unlawful search warrants against the Tchenguiz brothers.

He has extensive experience in litigating unlawful searches and seizures and other Charter - related issues.

Mr. Ward sued the police for violating his right to be free from unlawful search and seizure, pursuant to Section 8 of the Charter of Rights and Freedoms.

The Office of the Independent Police Review Director is examining the systemic issues related to allegations of unlawful searches, unlawful arrests, improper detention and issues related to the temporary holding facility during the G20.

«My ideological critique is that some of these proposals fail to resolve the underlying problem of racial disparity and unlawful searches,» said Bronx City Councilman Ritchie Torres one of the sponsors of the recently introduced «Right to Know Act.»

These young people end up with criminal charges for possessing small amounts of marijuana or having condoms (which are used as evidence of prostitution) from unlawful searches «they feel unable to refuse,» according to Ritchie.

The NYPD inspector general proposal is part of a group of policing reforms called the Community Safety Act, which includes measures requiring officers to identify themselves and laws designed to curb racial profiling and unlawful searches.

«It is plain from the mandatory words «the constable shall not commence the search until he has performed that duty» that any search initiated without prior compliance with the duties of disclosure and information - giving set out in s 2 of PACE is an unlawful search.

Unlawful search and seizure of evidence can result in that evidence being inadmissible in court.

The Supreme Court agreed the impugned provisions violated lawyers» Charter rights to be protected from unlawful search and seizure and the undue deprivation of their liberty.

Last year, the city of Hartford, Connecticut, settled for $ 885,000 with a family whose dog was shot and killed during what the 2nd Circuit at New York City deemed to be an unlawful search.

However, there are certain protections that the Constitution guarantees individuals against unlawful searches.

At Rosenthal & Wadas our DWI attorneys pride themselves on their aggressive defense against unlawful search and seizures.

The Fourth Amendment to the U.S. Constitution guarantees all people with protection against unlawful searches and seizures of property by law enforcement.

Both the Texas and U.S. Constitutions impose a number of procedural safeguards on criminal suspects, the most important being the prohibition against unlawful search and seizures.

The Court held that there was no breach of Cole's section 8 rights against unlawful search and seizure under the Canadian Charter of Rights and Freedoms because the technician stumbled upon the images while accessing the laptop for these implicitly authorized purposes.

If you have been charged with a drug offense and believe you were subject to an unlawful search and seizure, contact Chicago criminal defense lawyer Michael O'Meara for help.

If we believe that you have been the victim of an unlawful search and seizure, illegal arrest, or improper questioning, we will immediately file a motion to suppress the tainted evidence.

The cases include some interesting issues, such as the constitutionality of requiring voters to show a photo ID before they may vote; the constitutionality of execution by lethal injection where the procedure poses a risk of pain and suffering in violation of the Eighth Amendment ban on «cruel and unusual punishment»; and a Fourth Amendment case involving an unlawful search under state law that Volokh conspirator and Fourth Amendment guru Orin Kerr is interested in.

Vancouver lawyer, Alan Cameron Ward, sued the police for violating his right to be free from unlawful search and seizure, pursuant to Section 8 of the Charter of Rights and Freedoms.

The Fourth Amendment to the United States Constitution and Article I Section 7 of the New Jersey Constitution protects its citizen from unlawful search and seizures.

So, for example, if the first degree murder but not the second degree murder charges were reversed on appeal (e.g. because the first degree murder charges were for «felony murder» and the appellate court found that the evidence showing the related felony should have been suppressed at trial due to an unlawful search), the second degree murder charges would remain in place.

Vancouver Criminal Lawyer Emmet J. Duncan argued that this constituted the Police «jumping the gun» and engaging in an illegal arrest and and an unlawful search.

With that being said there are strict laws and procedures that law enforcement must follow, therefore, if you feel like you were the victim of an unlawful search and seizures it is imperative that yo speak to an experienced criminal defense attorney about your options.

If the police discovered stolen property in your possession during an unlawful search or illegal arrest we will petition the court to have the tainted evidence thrown out of your case.

Finally, if the police come up empty in an unlawful search, they simply send the victim of their violation on his / her way with barely an apology and there is no consequence to them whatsoever for the breach.

While it's hard to explain the case for exclusion to the general public, no one ever seems to give consideration to the massive number of innocent people who are subjected to arbitrary detention and unlawful searches that never result in any charges.

I wasn't able to find any cases involving just an unlawful search; the closest I found was Frunz v. City of Tacoma, 468 F. 3d 1141 (9th Cir.

Generally, the «fruit of the poisonous tree» doctrine forbids using evidence only obtained as a result of an unlawful search or seizure to convict someone.

Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a hearing each time because the searches leading to the arrest were blatantly unlawful under the 4th Amendment prohibition against unlawful search and seizure.

The judge held the use of the device without a warrant violated Andrews» Fourth Amendment right to be free from unlawful searches and seizures.

Because the admission at trial of the evidence obtained as a result of the unlawful search was not harmless beyond a reasonable doubt, we reverse Mr. Jones «s convictions.