Sentences with phrase «unlawful search and seizure»

Keywords: Torts, Battery, Wrongful Arrest, Unlawful Search and Seizure, Wrongful Detention, Civil Procedure, Limitation Periods, Discoverability, «Appropriate Means», Limitations Act, 2002, s. 5 (1), Winmill v. Woodstock (Police Services Board), 2017 ONCA 962

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.

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 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.

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.

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

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.

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

The Fourth Amendment prohibits unlawful search and seizure.

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;

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

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.

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

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.

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

Not exact matches

Improper searches and seizures, unlawful arrests, and other Constitutional violations can all result in tainted evidence.

In Judicial Review proceedings -LRB-[2012] EWHC 2254), the Divisional Court determined that in March 2011 the SFO carried out unlawful entry, search and seizure at the homes and business premises of Robert Tchenguiz and Vincent Tchenguiz.

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

If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.