Lawyer, Family: Dancer 'Executed' By Police Jul 26, 2008
"His 4th Amendment right against unlawful search and seizure was violated by the police officer who shot and killed him," said Claypool. Police have said that when and tried to get him out of the water that he refused at first, and after getting aboard the police boat, Hirschfield assaulted an officer with his own Taser and was trying to take Schmidt's firearm when he was shot by Williams. (NBCSandiego.com, CA)
Attorney: WeHo Man Was 'Executed,' Family Sues For $20M Jul 26, 2008
"In particular, his 4th Amendment right against unlawful search and seizure was violated by the police officer who shot and killed him," the attorney said. The family is collectively seeking $20 million, Claypool said. (NBC4.tv, CA)
Zuma keeps on fighting Jul 25, 2008
Zuma said the failure to resolve the issue of the controversial August 2005 search and seizure raids had in part led to Judge Herbert Msimang striking his case off the roll in the Pietermaritzburg High Court. He said: "It is instructive to note that not only had the litigation which allegedly prevented the State from commencing the criminal trial in July 2006 still not been resolved on December 2007 when the fresh indictment was served, but also the State failed to comply with its own alleged... (iAfrica.com)
Letters for Wednesday, July 23, 2008 Jul 24, 2008
(What good is your right to bear arms if you lose your rights against search and seizure. . (Missoulian, MT)
Jelinek visits National Guard soldiers at Camp Grayling Jul 24, 2008
Activities included convoy operations under live fire conditions; reaction to an IED explosion; an M60 machine gun demonstration; building to building search and seizure techniques; base entry control point procedures; and a field artillery demonstration. Jelinek and the legislators were part of a larger group of employers and community leaders visiting Camp Grayling. (Dowagiac News, MI)
Civil Rights Trial Begins Jul 23, 2008
The former county prosecutor Bob Simpson testified he had sent out a letter expressing his concern about Officer O'Connor's search and seizure activities and conduct as a police officer. Lawyers say the case could go to the jury to begin deliberating a verdict by the end of the week. (WCAX.com, VT)
More of this story Jul 20, 2008
During the weeklong event, participants were given first-hand knowledge of firearms, search and seizure operations, forensics studies and a variety of other areas. These students have really jumped in and gotten involved in this program, Sanborn said. (Atmore Advance, AL)
DDT views on guns are way off base Jul 17, 2008
They were not allowed free speech, free assembly, or the right to keep and bear arms and were not given immunity from search and seizure. All the bad guys of recent history (Hitler, Stalin or Pol Pot, for example) started out by first gaining power and then disarming their citizenry, thereby converting them from citizens to subjects subject to any and every whim or fancy the bad guys might dream up. (Greenville Delta Democrat Times, MS)
Commentary: Barack Obama, Legal Scholar Jul 16, 2008
Since at least the 1980s the requirement of a warrant has been the exception, not the rule, in search and seizure cases. A warrant is required only in criminal cases, broadly speaking, and not always even there. (Law.com)
One of the guns seized by Vancouver Police from a vehicle pulled ... Jul 14, 2008
I hope these men sue the police for illegal search and seizure. PhilThere is a huge difference between leagally owning rifles and waving around hand guns. (CTV.ca)
Constitution written for individual rights Jul 13, 2008
Or do you enjoy freedom from illegal search and seizure. Or is that a "group" right as well. (Sioux City Journal, IO)
Bush signs new rules on government wiretapping Jul 13, 2008
It wants a federal judge in New York to rule that the law is an unconstitutional violation of free speech and the right against unlawful search and seizure. It also asks that the judge permanently block intelligence officials from conducting surveillance under the law. (Charles City Press, IO)
South Africa: Top Judges Join Battle Jul 6, 2008
Justice Moseneke, who was on long leave when the Constitutional Court sat to hear the search and seizure application by Zuma in March, riled Zuma's supporters earlier this year with comments he reportedly made at his birthday party. Judge Hlophe believes that it was Justice Moseneke who organised the court to formulate a "trumped-up" complaint against him, and he is concerned that, given Justice Moseneke's widely publicised views, "it is unfortunate that an impression may now be created that his... (allAfrica.com)
Hlophe: No Zuma submission Jul 5, 2008
At the end of May Hlophe was accused of attempting to influence the Concourt's decision on search and seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint. After Hulley's letter, Chief Justice Pius Langa asked the National Prosecuting Authority and Zuma for their submissions on the Hlophe standoff. (iAfrica.com)
Free legal advice, fishing expeditions Jul 1, 2008
It will be "proactive," that is, it will be rather like a free-floating royal commission or public inquiry, choosing its own assignments, armed with daunting powers of search and seizure. Earlier this year, the commission anticipated this role in two separate episodes, showing itself too ready to attribute racism both to rural Ontarian anglers and to Maclean's magazine (and its contributor Mark Steyn), without evidence that went through the test of a hearing. (Globe and Mail)
Illegal immigration: It is illegal Jun 29, 2008
How about search and seizure laws, illegal entry and Mexico s policy of non-extradition for most criminals and those subject to the death penalty. Have you ever tried questioning the authority of a Mexican law enforcement officer or shooting at one. (Sierra Vista Herald, AZ)
'No plea' for Terebesi Jun 27, 2008
"It was a disposition by the state, and we have not made up our minds. We have not accepted the proposal yet, but I am leaning in that direction." The Easton Police Department, assisted by the Southwest Regional Emergency Response Team, executed a search and seizure warrant in a narcotics investigation on a private residence at 91 Dogwood Drive on May 18 ... Evidence discovered during the execution of a search and seizure warrant at Terebesi's home on May 18 included a substance field-tested and... (Fairfield Minuteman, CT)
High court rules for gun owners Jun 27, 2008
I think todays ruling might have been in response to the fact that we once again face the unruly militia days, what with us not entitled to protective rights anymore like council, search and seizure, etc. I think Scalia was trying to look out for our best interests now that the republicans have regressed our government to one similiar to the one the colonists fled. (Atlanta Journal-Constitution)
Vowell faces charges for forgery, use of water pump Jun 24, 2008
On May 14 a search and seizure order was executed for Vowell's home in rural Park County and the pump was recovered. Vowell admitted the pump was paid for by Park County, according to the affidavit of probable cause. (Cody Enterprise, WY)
Amanda Knox: When in Rome (or Perugia) ... Jun 20, 2008
The Italian constitution bans unlawful search and seizure, requires that indigent defendants be given a lawyer and sets four days as the maximum period a person can be jailed without a hearing. Q: Would Knox face a jury if the case goes to trial. (Seattle Post Intelligencer)
Bentler appeals to Iowa Supreme Court Jun 20, 2008
The evidence clearly indicates the agents would not have sought a search warrant for the socks but for their discovery of incriminating evidence following the warrantless search and seizure of the socks, Wilson states, adding that if the Supreme Court does not accept this argument Bentler also contends he received ineffective counsel during his trial. At the trial, Mike Halverson, a DNA analyst for the Iowa Department of Criminal Investigation, testified there were two small drops of blood on... (Fort Madison Daily Democrat, IO)
Bentler files arguments with Iowa Supreme Court Jun 20, 2008
The evidence clearly indicates the agents would not have sought a search warrant for the socks but for their discovery of incriminating evidence following the warrantless search and seizure of the socks, she argues in the brief. If the court doesn't find that Bentler can appeal based on the clothing suppression argument, he then argues that his trial lawyers were ineffective for failing to have the evidence excluded. (Keokuk Daily Gate City, IO)
Top South African Court Drops Bombshell Jun 19, 2008
Privilege was relevant to the legality of the search and seizure warrants that were issued to raid the offices of Zuma's attorney, Michael Hulley. Hlophe was allegedly aware that Nkabinde was drafting a post-hearing note (an in-depth examination of the law) on privilege, and had proposed a "preliminary conclusion" on how the court should look at the privilege question. (allAfrica.com)
Magisterial District Judge Douglas McCall Bell recertified Jun 16, 2008
Included in this year s curriculum are updates on Civil and Criminal law and the Motor Vehicle Code updates; information pertaining to ethics, ethical implications for personal health, Magisterial District Judge (MDJS) Computer System, Public Access, litigation procedures, game law and dog law updates, Rules of Evidence, oversize/overweight vehicles and special hauling permits, procedure audits, search and seizure, Board of Pardons Overview, Drug Recognition Expert Evaluation Program and Right... (Somerset Daily American, PA)
More Than 30 Pounds Of Marijauna Seized In Rusk Jun 14, 2008
RUSK Cherokee County investigators assisted Homeland Security agents in an afternoon search and seizure of an airplane that landed at the Cherokee County airport to refuel Thursday. Investigators arrested Rodney K. Dotson, 51, of Stateline, Nevada after discovering 31 pounds of hydroponic marijuana, with a street value estimated at $200,000, in the rear section of his 1979 Mooney, single engine aircraft. (Tyler Morning Telegraph)
Business, Cyber Liberties Groups Fight Laptop Searches Jun 14, 2008
The two organizations filed with the court arguing that the broad powers supported by the earlier appeals panel decision in United States v. Arnold represent a violation of the Fourth Amendment protection against unreasonable search and seizure ... unreasonable search and seizure. (Yahoo News -- Technology)
Hlophe slams judges Jun 12, 2008
They have accused Hlophe of improperly trying to influence the Constitutional Court's decision on search and seizure raids by the Scorpions on the premises of ANC president Jacob Zuma. Hlophe's lawyer, Lister Nuku, said the judges went public without having first lodged a complaint with the JSC.. (iAfrica.com)
Advocates want Hlophe to go Jun 4, 2008
" Last week Constitutional Court judges accused Hlophe of trying to improperly influence the court's decision on the Scorpions' search and seizure raids carried out on African National Congress president Jacob Zuma. The complaint has been referred to the JSC, which is trying to arrange an urgent meeting to deal with it. Eksteen said that the allegations struck at the heart of the legal profession and the judiciary. The GCB welcomed indications that the JSC would deal with the complaint swiftly,... (iAfrica.com)
Hlophe gets support Jun 4, 2008
Last week Constitutional Court judges accused Hlophe of trying to improperly influence the court's decision on the Scorpions' search and seizure raids carried out on African National Congress President Jacob Zuma. The complaint has been referred to the JSC, which is trying to arrange an urgent meeting to deal with it. (iAfrica.com)
Judges comment on Hlophe Jun 3, 2008
Constitutional Court judges last week accused Hlophe of attempting to influence the court's decision on the Scorpions' search and seizure raids on properties of ANC president Jacob Zuma and French arms giant Thint. The judges said Hlophe had tried to influence the bench in an "improper manner". (iAfrica.com)
Hlophe in Zuma trouble Jun 2, 2008
Judge Hlophe is accused of attempting to influence the Constitutional Court's decision over search and seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint ... The cases were heard by the Court in Johannesburg between 11 and 14 March and related to controversial search and seizure raids at properties belonging to Zuma in Gauteng and KwaZulu-Natal and at the Durban office of his attorney Michael Hulley on 18 August 2005. (iAfrica.com)
Dead man's family plans lawsuit in shooting Jun 1, 2008
"The federal claim is based on unlawful search and seizure," Claypool said. The claim would also allege state violations such as battery, assault and negligence on the part of the Sheriff's Office, he said. (Daily Triplicate)
Hlophe case a 'big test' Jun 1, 2008
" The cases were heard by the Court in Johannesburg between 11 and 14 March and related to controversial search and seizure raids at properties belonging to Zuma in Gauteng and KwaZulu-Natal and at the Durban office of his attorney Michael Hulley on 18 August 2005. Properties belonging to Thint were also raided. A ruling has yet to be made. The corruption charges related to Shaik's attempt to solicit a R500000 a year bribe from Thint, the South African subsidiary of Thales International... (iAfrica.com)
Zuma: Hlophe implicated May 31, 2008
Cape Judge President John Hlophe has been accused of attempting to influence the Constitutional Court's decision on search and seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint ... The cases were heard by the court in Johannesburg between 11 March and 14 March and related to controversial search and seizure raids at properties belonging to Zuma in Gauteng and KwaZulu-Natal, and at the Durban office of his attorney Michael Hulley on... (iAfrica.com)
Cops make narcotics arrest May 30, 2008
A week ago, Easton Police, assisted by the Southwest Regional Emergency Response Team, executed a search and seizure warrant in a narcotics investigation on Terebesi's residence at 91 Dogwood Drive ... Evidence discovered during the execution of a search and seizure warrant at Terebesi's home on May 18 included a substance field-tested and "proved positive" as a narcotic, along with "glass smoking pipes with residue, glass bowls with residue, a razor blade with residue," and a "Deering Precision... (Fairfield Minuteman, CT)
Army kill in crime action May 25, 2008
He said troops had deployed in support of police during search and seizure operations during which an unspecified number of arrests were made. Soldiers deployed on Johannesburg's streets on Thursday for the first time to help stem the tide of violence that has seen mobs of armed youths attack foreigners in poor areas around the city. (iAfrica.com)
Police raid ends in death May 23, 2008
In Easton, on Sunday afternoon around 2:20 p.m. the Easton Police Department, assisted by the Southwest Regional Emergency Response Team, executed a search and seizure warrant in a narcotics investigation on a private residence at 91 Dogwood Drive ... Explaining that in the normal course of business local police will utilize a tactical team if during a search officers might be put in danger, Connecticut State Police spokesman Public Information Officer William Tate said the Easton Police... (Fairfield Minuteman, CT)
Mass of stolen goods recovered in raid May 23, 2008
The investigation, search and seizure were conducted with the help of the Mills County Sheriff's Office, Mills County Attorney's Office, Region 4 Fusion Center, Avoca Police Department, Harlan Police Department, Pottawattamie County Sheriff's Office, Department of Public Safety Intelligence Bureau and Motor Vehicle Theft, Council Bluffs Police Department, Fourth Judicial District Department of Correctional Services, Iowa State patrol Area B Tactical Team, Iowa State Patrol, Department of... (Council Bluffs Daily Nonpareil, IA)
Customs, Travel and Tech Privacy May 23, 2008
In late April, the 9th Circuit Court of Appeals held that a "reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border" and overturned a lower court ruling that found laptop searches by Customs violated the Fourth Amendment against unlawful search and seizure. Not all victims of government outreach are sympathetic figures, however. (CIO Information Network)
High court throws out search from Casper drug arrest May 22, 2008
TC wrote on May 21, 2008 6:04 AM:" Well said, Sherri! The 4th amendment of the constitution protects every person against unlawful search and seizure! The end does not justify the means, and cops who lie to obtain a search should then be prosecuted as well! ". shaneincody wrote on May 21, 2008 12:05 PM:" I second everything Sherri wrote and would like to add that TWICE I have experienced abuse at the hands of over zealous police officers who then tried to justify their actions with an "ends... (Casper Star-Tribune, WY)
Court Date Blunder Casts New Doubt On Zuma Trial May 13, 2008
The Constitutional Court still has to rule on the constitutionality of the search and seizure warrants which allowed the state to seize documents from Zuma's attorney's office. "Given the pending matters in the Constitutional Court and the state's negotiations with Mauritius over evidence, it is more likely that we will go to court next year during the elections or even thereafter," a source close to the matter said. (allAfrica.com)
More Controversy in SA's Jacob Zuma Trial May 13, 2008
This was because they were occupied with a case before the Mauritius Supreme Court, and had been busy with Constitutional Court challenge against the search and seizure warrants delivered on Zuma ... Zuma, Hulley and Thint appeal to the Constitutional Court against the search and seizure warrants. (allAfrica.com)
FALLBROOK: Drug-sniffing dog in store for Fallbrook High School May 13, 2008
Technically, the board voted to amend its "search and seizure" policy to include a provision for canine narcotics searches. In practice, it will allow for a sheriff's deputy and a canine companion to search for illegal substances. (North County Times)
Cell phone search leads to complaint by West mom May 13, 2008
It is a violation of students civil rights to privacy, unreasonable search and seizure and probably even our own state s wiretapping laws ... it's me wrote on May 7, 2008 8:24 PM:" Just because someone is at a public facility does not mean they forfeit their civil rights or their due right to process in regards to search and seizure. If the police want to see what is in possession of a private party, let them get a search warrant. Keep in mind a police officer intimidating a student into... (Albany Democrat-Herald, OR)
43 comments May 13, 2008
"The Fourth Amendment to the United States Constitution protects all U.S. persons anywhere in the w 00002C0A orld and all persons within the United States from unreasonable searches and seizures by any person or agency acting on behalf of the U.S. Government. The Supreme Court has ruled that the interception of electronic communications is a search and seizure within the meaning of the Fourth Amendment. It is therefore mandatory that signals intelligence (SIGINT) operations be conducted pursuant... (Human Events Online)
Firm seeks leniency in price-fixing probe of tyre makers May 13, 2008
But she said information from Auto Truck and Tyre was put into the commission's search and seizure warrants for the premises of Dunlop Tyres, Bridgestone South Africa and the SA Tyre Manufacturers Conference (SATMC), a private company that represents the four local tyre manufacturers. Mokoena said the commission, which had until October 2 to complete its investigation, was analysing information seized in last month's raids to assess whether there had been any contraventions of the act. (Business Report, South Africa)
Police arrest three in raid on apartment complex May 11, 2008
Alva police officers Aaron Barber, David Cummings, Michael Eckhardt, Devin Tebow, and Amanda Webber along with Woods County Sheriff s Deputy Bill Huffman assisted K-9 Officer Patrick Hawley and Assistant Chief Ben Orcutt with the search and seizure. The first individual to be brought out of the apartment in handcuffs was Smith. (Alva Review Courier, OK)
One week at Mattie V. Rutherford alternative school May 11, 2008
Debate turned to police search and seizure, the Patriot Act, and the right of privacy vs. security. "Good people do bad things too. They can be quiet and go out and kill somebody," said one of the boys. (Florida Times-Union)
South Africa: Prosecutions Boss Axed Due To Police Chief Probe May 8, 2008
Chikane explained that during an attempt by him to co- ordinate a "diplomatic settlement" -- whereby the NPA could obtain documents that it had wanted from the police -- Pikoli requested a meeting with Mbeki and informed the Presidency that the NPA would execute both a search and seizure and an arrest warrant against Selebi. "For me it looked like it (the process) did not matter, like he was saying I'm going to execute my responsibility . It was almost like saying to the president, I don't need... (allAfrica.com)
Reserve & Protect May 6, 2008
Cates said the new training mandates require reserves to complete courses in defense tactics, search and seizure, testifying in court,domestic abuse laws and calls, preventive measures, laws of arrests, ethics, felony calls, hazmat training, criminal law, community policing and more ... For example, as a certified instructor I was able to teach many of these courses, but now the requirements state that criminal law and search and seizure must be taught by someone with a law degree and others... (Fort Madison Daily Democrat, IO)
Supreme court reverses man's drug conviction May 3, 2008
The Worth County District Court case against Guy Fremont involved search and seizure provisions of the U.S. and Iowa constitutions, and whether those require neutrality on the part of a magistrate who orders a search warrant. According to court records, Fremont's arrest came after a series of reports about marijuana being used by adults living in his home. (Sioux City Journal, IO)
Local legal community celebrates Law Week May 2, 2008
An example is the British army could get a general warrant to conduct an illegal search and seizure without probable cause. I really think the Bill of Rights is a working example of our rule of law. (Auburn Citizen, NY)
Hey, testers, leave those kids alone May 2, 2008
mercy wrote on May 1, 2008 10:21 AM:" As much as I love children and hate drugs...I have to agree with this article. Yes, bc...those employed by or receiving a govt. check should be subject to tests as a condition of their employment or govt. support, but this is talking about kids...not employees or welfare recipients. Requiring students to take random tests is almost like illegal search and seizure. Pay attention to our kids! That's how we know they're on drugs! Parents be involved! Teachers... (Montrose Daily Press, CO)
Court says search of laptop with porn is legal Apr 23, 2008
Ruling: Inspection does not constitute unreasonable search and seizure ... SAN FRANCISCO - A U.S. Customs inspection of a laptop computer that found child pornography does not constitute an unreasonable search and seizure, a U.S. federal appeals court ruled on Monday. (MSNBC -- Crime)
Confusion as torch drama hits Canberra Apr 23, 2008
Nonetheless, police are preparing for the worst, with about 500 officers expected to be patrolling the streets of Canberra, aided by special powers of search and seizure. Pro-Tibet activists have tried to allay authorities' fears, saying they will protest loudly, but will not physically interfere with the torch relay. (Sydney Morning Herald -- Australia)
Appeals court reverses drug conviction in search case Apr 22, 2008
Even if Brown had been fully conversant with search and seizure law, the court said, she had no way of knowing if she had the right to refuse the trooper's request, or if the request was just a polite phrasing of a command. Assistant Attorney General Kenneth M. Rosenstein argued that the search was acceptable because it did not dramatically increase the length of the traffic stop. (Juneau Empire)
Hoeck asks court for lighter sentence Apr 22, 2008
The defense in the case has filed a motion to suppress the use of the money on the grounds it was an illegal search and seizure, Van Blaricum said. The motion is on the Pratt County District Court Docket for Friday, April 25 and is one of several items set for 9 a.m.. (Pratt Tribune, KS)
Task Force follows tip on drug cases Apr 21, 2008
According to officers, an undercover operation led to the search and seizure after an undercover officer purchased marijuana from a suspect at the residence. Two females and one male were arrested for possession of marijuana, distribution of marijuana and possession of drug paraphernalia. (Jefferson City News Tribune, MO)
No honor among thieves Apr 21, 2008
Randal Wayne Schroder, 34, Freedom, was arrested and transported to Woods County Jail April 5, 2008, following search and seizure of various bottles, beakers, and liquid substances including drain cleaner, pseudoephedrine wrappers, anhydrous, cooking utensils, plus a stolen 11 horsepower motor and two pumps. The items, according to documents filed with the Woods County District Court, were located in and near an abandoned farm house near US 64 and County Road 160. (Alva Review Courier, OK)
Kubik for sheriff (40) Apr 21, 2008
Dennis was our go-to man for search and seizure questions. His reputation and professional demeanor in dealing with other law enforcement agencies, county attorneys and judges proved invaluable on countless occasions. (Waterloo-Cedar Falls Courier)
Indo-UK naval war games off Goa coast from Monday Apr 20, 2008
The main thrust areas of the exercise, to be held from April 21 to May 2, will include "combined maritime operations", VBSS (visit, board, search and seizure) procedures and anti-submarine warfare. With Indias solitary and aging aircraft carrier INS Viraat docked for a major life-extension refit, the navys Sea Harrier jump-jets will operate from Goa to take part in the Konkan wargames. (India Times, India -- Community News)
Letter: Don’t support Hillary, Obama Apr 19, 2008
drigulch wrote on Apr 18, 2008 6:52 PM:" I see that all of the hillbillies don't live behind Albertson's. Holy cow, these "freemen" types are like tin soldier wind up toys, pull my string and listen to my tired old song about God wrapped in the american flag totting iron. Of course they never mention that it is their particular God you have to swallow, or wear the flag the way they say, or do everything they say the way they say or they will pull down on you with their firearm. Lets see now, the... (Montana Standard, MT)
Police arrest relatives in drug bust Apr 18, 2008
The police force received a tip from a community member and worked on the case in a 24-hour period which included the execution of two simultaneous search and seizure warrants at the 15 North St. house ... In the course of executing their search and seizure warrants, police discovered an illegal apartment above a detached garage. (Pictorial Gazette, CT)
Ex member speaks out about Step Up team Apr 18, 2008
"We're saying, here are things that you can do ... bouncing ideas off of them to help. "But (to cite) is a lot like illegal search and seizure," Kutz said. "For the police to go in somewhere to seize something, they have to have a specific search warrant. You can't just go on a scavenger hunt. (SunOnline)
Suspect alleges brutality by deputy, wants charges dropped Apr 17, 2008
It was an illegal search and seizure. Jones family declined to provide The Daily Iberian a physical copy of this medical evidence, pending approval from legal counsel. (New Iberia, LA)
