Posts about search and seizure written by KJ ..
Search and seizure - WikipediaSearch and seizure is a procedure used in many civil law and common law legal systems by 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not beEssay about Search and Seizure - 537 Words | BartlebyFree Essay: Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and thatSearches and Seizures - The Heritage FoundationHouses, papers, and effects, against unreasonable searches and seizures, In defining that phrase, the reasonableness clause of the Fourth Amendment
Say No to Unlawful Search and Seizure ..
Once it has been established that an individual possesses a reasonable expectation of privacy in a place to be searched or a thing to be seized, the Fourth Amendment's protections take hold, and the question then becomes what are the nature of those protections. Police officers need no justification to stop someone on a public street and ask questions, and individuals are completely entitled to refuse to answer any such questions and go about their business. However, a police officer may only search people and places when the officer has probable cause or reasonable suspicion to suspect criminal activity.
According to the Supreme Court, a "'seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property," United States v. Jacobsen, 466 U.S. 109, 113 (1984), and the Court has also characterized the interception of intangible communications as a seizure. See Berger v. New York, 388 U.S. 41, 59-60 (1967). Furthermore, the Court has held that a "'search' occurs when an expectation of that society is prepared to consider reasonable is infringed." Jacobsen, 466 U.S. at 113. If the government's conduct does not violate a person's "," then formally it does not constitute a "search" and no warrant is required. See Illinois v. Andreas, 463 U.S. 765, 771 (1983). In addition, a warrantless search that violates a person's reasonable expectation of will nonetheless be constitutional if it falls within an established exception to the warrant requirement. See Illinois v. Rodriguez, 497 U.S. 177, 185-86 (1990). Accordingly, investigators must consider two issues when asking whether a government search of a computer requires a warrant. First, does the search violate a reasonable expectation of ? And if so, is the search nonetheless permissible because it falls within an to the warrant requirement?
Search and Seizure under the Fourth Amendment - …
By 6:20am, Sgt. Michael Kite of the Cranston Police Department had arrived at the apartment, where he found Oliver, her boyfriend Michael Patino, and their 14-month-old daughter, Jazlyn Oliver. Kite observed a couple of stripped beds and linens on the floor, a trash can with vomit inside it, dark brown vomit in a toilet, and, crucially, a cell phone on the kitchen counter. Kite picked up the cell phone, and it was at that point—in the just-released opinion of a Rhode Island state court—that police proceeded to mangle a murder case and violate Patino's Fourth Amendment rights by viewing text messages without a warrant.
Constitutional Law/Search and Seizure/4th Amendment …
Justice , writing for the majority, said a search of Ms. Redding’s backpack and outer garments did not offend the Fourth Amendment’s ban on unreasonable searches. But the pills in question, each no stronger than two Advils, did not justify an “embarrassing, frightening and humiliating search,” Justice Souter wrote.
Search and Seizure | American Civil Liberties Union
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.
Illegal Search and Seizure | Criminal Defense Minneapolis
Law enforcement officers are entrusted with the power to conduct investigations, make , perform searches and seizures of persons and their belongings, and occasionally use lethal force in the line of duty. But this power must be exercised within the boundaries of the law, and when police officers exceed those boundaries they jeopardize the admissibility of any collected for prosecution. By and large, the Fourth Amendment and the case law interpreting it establish these boundaries.