Unlawful Search & Seizure. Legal news and articles for November 18 - 30, 2011

Chesapeake assistant principal sued over strip searchOverreaction fans flames of protestRaleigh Criminal Lawyer Launches Expanded Criminal Law BlogOccupy Black Friday Protesters Hand Out 'CUM-sumer Whores' Fliers to Walmart ...Accused murderer seeks return of alleged drug moneyU.S. v. CAMACHOLawsuit Against Mandatory Drug Tests at Linn State Gets Class-Action Status'Misguided Brotherhood'Search warrant ends in arrest, drug seizureSearch warrant ends in arrest, seizure of drugsSearches ruling reviewedTwo held with gun in LaventilleHouston federal judge rules feds need search warrant to get cellphone tracking ...Judge Says Feds Need Warrant for Cellphone Info385 Marijuana plants seized in Horry County

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STATE v. NYEGAARD
Leagle.comNovember 2, 2011

Accepting the State's concession of error and Nyegaard's concession that remand is the proper remedy, we hold that the vehicle search and seizure of evidence incident to Nyegaard's arrest was illegal under Gant and the facts before us in this appeal, ...more »

Speeding stop results in drug charges against 2
Buffalo NewsNovember 15, 2011

A search resulted in the seizure of two marijuana cigarettes and a small bag of marijuana, police said. Lang and passenger Michael W. Kirchmyer, 19, of Cumberland Avenue, were arrested and issued tickets to appear in Groveland Court on Dec. 7.more »

Unlawful Search & Seizure. News and Stories

Chesapeake assistant principal sued over strip search
The Virginian-PilotNovember 30, 2011

The search violated the 4th Amendment to the US Constitution that protects citizens from unlawful search and seizure, the lawsuit says. “Alonzo Price did become sick, sore, lame and disabled: he has suffered great physical pain, severe mental anguish, ...more »

Overreaction fans flames of protest
Visalia Times-DeltaNovember 29, 2011

The people's right to be free of cruel and unusual punishment or unwarranted search and seizure is guaranteed in the Fourth and Eighth amendments to the Constitution. The pepper-spraying of seated students by officers who were not provoked exceeds the ...more »

Raleigh Criminal Lawyer Launches Expanded Criminal Law Blog
PR Web (press release)November 27, 2011

In the past three years, the Supreme Court has handed down decisions that significantly affect Americans rights against unlawful search and seizure. The blog has covered some of the most important changes, including Arizona v. ...more »

Occupy Black Friday Protesters Hand Out 'CUM-sumer Whores' Fliers to Walmart ...
Big GovernmentNovember 26, 2011

... the property on your person belongs to you. stopping you at the door after you have completed your purchase to check through through your personal property is “unreasonable searches and seizure”. There is also an issue of unlawful detainment. ...more »

Accused murderer seeks return of alleged drug money
Martinsburg JournalNovember 25, 2011

Under the rules of federal criminal procedure, Bennett's post-conviction motion arguing unlawful search and seizure was deemed by the court to be a separate civil action or suit. The Prison Litigation Reform Act requires inmates to pay the full filing ...more »

U.S. v. CAMACHO
Leagle.comNovember 24, 2011

Camacho moved to suppress the firearm and ammunition, arguing that they were obtained through an illegal search and seizure in violation of the Fourth Amendment. The trial judge denied that motion. United States v. Camacho, 608 F.Supp.2d 178, ...more »

Lawsuit Against Mandatory Drug Tests at Linn State Gets Class-Action Status
Riverfront Times (blog)November 23, 2011

In September the ACLU of Eastern Missouri sued the institution arguing that suspicionless drug testing violated the Fourth Amendment that prohibits unlawful search and seizure. Last week the ACLU won a preliminary injunction that bars the school from ...more »

'Misguided Brotherhood'
Flathead BeaconNovember 23, 2011

30, 2010, the Lake County's Sheriff's Office conducted a search and seizure on Leonard's home through a warrant obtained by Young through District Judge CB McNeil, according to news reports. The Lake County Leader reported that computers, ...more »

Search warrant ends in arrest, drug seizure
Janesville GazetteNovember 22, 2011

... possession of drug paraphernalia and unlawful possession of prescription drugs, the release said. The search also resulted in the seizure of 10.5 grams of crack cocaine, multiple prescription pills and drug paraphernalia, the release said. ...more »

Search warrant ends in arrest, seizure of drugs
Janesville Gazette (blog)November 21, 2011

... and unlawful possession of prescription drugs, the release said. The arrest comes after a several month's long investigation into crack cocaine sales in the Fourth Ward neighborhood, according to the release. The search also resulted in the seizure...more »

Searches ruling reviewed
Statesman JournalNovember 20, 2011

But Moan replied that a threat of a liability suit against police for unlawful conduct, under state or federal laws, "would provide incentives for officers against it." He said the element of "free will" is key. "The nature of the seizure is going to ...more »

Two held with gun in Laventille
Trinidad GuardianNovember 20, 2011

A police exercise in Laventille on Friday night has led to the arrest of two people—one a teenager—and the seizure of a home-made shotgun. A report stated that around 9 pm, officers of the Port-of-Spain Division Task Force led by Sgts Knott and Bruno ...more »

Houston federal judge rules feds need search warrant to get cellphone tracking ...
Washington PostNovember 19, 2011

Hughes said in his ruling the data authorities requested is constitutionally protected from intrusion and can only be acquired with a search warrant under the Fourth Amendment, which protects against unlawful search and seizure. In the 2010 ruling, ...more »

Judge Says Feds Need Warrant for Cellphone Info
ABC NewsNovember 18, 2011

Hughes said in his ruling the data authorities requested is constitutionally protected from intrusion and can only be acquired with a search warrant under the Fourth Amendment, which protects against unlawful search and seizure. In the 2010 ruling, ...more »

385 Marijuana plants seized in Horry County
WPDENovember 18, 2011

When they got to the first home, in Conway, police smelled a strong odor of pot and got a search warrant and then seized the plants and paraphernalia inside. At the other two houses, one in Conway and one in Longs, police used a K-9 to sniff the smell ...more »

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