While searches and seizures typically require a warrant under the Fourth Amendment to the Constitution, when a person is arrested, the rule has long been that ”a police officer who makes a lawful arrest may conduct a warrantless search of the arrestee’s person and the area ‘within his immediate control.’” Davis v. U.S., 131 S.Ct. 2419,… Continue Reading
Category Archives: Searches & Seizures
Subscribe to Searches & Seizures RSS FeedAcquitted Hutaree Militia Members File Suit Against FBI, FBI Agents and State Officers
Posted in Acquittal, Governmental Misconduct, Searches & SeizuresAs set forth in the Chicago Sun-Times, Thomas Piatek, Michael Meeks, and others who, as we noted, were acquitted a year ago in the prosecution of the “Hutaree” militia for conspiring to commit acts of terrorism, filed suit last month against the FBI, FBI agents and Michigan State police officers. The plaintiffs’ suit alleges that… Continue Reading
The Jones GPS Case Gives Rise to New Question Re: Cellphone Location Data
Posted in Searches & SeizuresWe have discussed the case of U.S. v. Jones, in which the U.S. Supreme Court held in February that the attaching of a global positioning satellite (GPS) device constituted a search. Well, the government is attempting to re-try the defendant, Antoine Jones. And this time it is seeking to introduce location data from Jones’ cellphone… Continue Reading
SUPREME COURT HOLDS VEHICLE GPS TRACKING CONSTITUTES A SEARCH
Posted in Searches & SeizuresWe have mentioned the case of U.S. v. Jones which was pending before the United States Supreme Court, and the issue of whether placement of a gobal positioning satellite (GPS) device on a vehicle by law enforcement constitutes a search. Late last month, the Court issued an opinion holding that the government’s installation of a GPS device on a… Continue Reading
U.S. Supreme Court to Hear Arguments in Warrantless GPS Surveillance and Tracking Case on November 8
Posted in Searches & SeizuresThe U.S. Supreme Court’s 2011-2012 term begins on Monday. Among several issues prominent in the public eye at the moment–i.e. healthcare, immigration–the Court will hear argument on warrantless surveillance. According to a press release yesterday by the National Association of Criminal Defense Lawyers (NACDL), on November 8, 2011, the Court will hear arguments in United States… Continue Reading
Kentucky v. King, or The Police Know Exigent Circumstances When They Hear Them
Posted in Searches & SeizuresPolice officers set up a controlled buy of crack cocaine at an apartment complex in Kentucky and observed the deal take place. The officers then moved to intercept the suspect before he re-entered his apartment. The officers heard a door shut and detected an alleged strong odor of marijuana outside of two apartment doors,… Continue Reading
Ninth Circuit Upholds “Border” Searches of Electronic Devices Hundreds of Miles from Border
Posted in Searches & SeizuresThe Ninth Circuit Court of Appeals last week issued an opinion holding that Customs agents may seize electronic storage devices, including computers, hard drives, USB sticks, smart phones and digital cameras carried at the U.S. border and search the devices either at the port of entry or at an off-site forensic laboratory under the border… Continue Reading
DOJ Publishes Reference for Search and Seizure of Electronic Evidence
Posted in Searches & SeizuresA large portion of government searches and seizures today involve the seizure and search of electronic media and information. The manner in which such searches and seizures of electronic media and information are conducted can become critically important afterwards if criminal proceedings are instituted. Well on Tuesday, the U.S. Department of Justice’s Office of Justice… Continue Reading
Interesting Criminal Case Fact of the Day
Posted in Searches & SeizuresThe case against Dollree Mapp of Mapp v. Ohio fame began following the fire-bombing of Don King’s residence.
Moscow Offices of Two U.S. Law Firms Searched/Foreign Searches
Posted in Searches & SeizuresAs reported in LegalWeek.com, Russian authorities raided the Moscow offices of U.S. law firms White & Case and DLA Piper on Tuesday and seized documents relating to an $87.5 million fraud case involving the Hotel Moskva, one of Moscow’ finest hotels. The firms issued statements stating that the searches related to activities of the… Continue Reading
Reasonable Suspicion Justifies Search of Probationer’s Home
Posted in Environmental Crimes, False Claims, Money Laundering, Searches & SeizuresReasonable suspicion is sufficient to justify a warrantless search of the home of a probationer
A Rare Eleventh Circuit Reversal
Posted in Searches & SeizuresEleventh Circuit in a rare reversal finds that the 21 day delay between the seizure of a computer and the request to the magistrate for a search warrant was unreasonable
Supreme Court Limits Warrantless Car Searches
Posted in Searches & SeizuresSupreme Court limits warrantless searches of cars
Eleventh Circuit/Georgia Federal Authority: Standing to Challenge Non-Administrative Searches and Seizures on Commercial Property
Posted in Searches & SeizuresIn criminal cases involving non-administrative searches and seizures on corporate or commercial property, defense practitioners who represent officers or employees of the corporation will sometimes face the contention by the government that the officer or employee does not possess standing to challenge the search and seizure. Following is an analysis of Eleventh Circuit Court… Continue Reading
Border Searches Reach Laptops, BlackBerrys, Cellphones
Posted in Searches & SeizuresAs set forth in a detailed article in the National Law Journal, the Fourth Circuit and Ninth Circuit Court of Appeals have recently affirmed decisions upholding warrantless, suspicionless searches of laptop computers at international airports. See United States v. Arnold, 523 F.3d 941 (9th Cir. 2008), petition for reh’g en banc filed, No. 06-50581 (9th… Continue Reading