No 'Legitimate' Privacy Expectation in Data on Office Computer, Court Says Sep 3, 2008
M.A. pleaded guilty to the thefts but preserved his right of appeal on the search and seizure issue. The appeals court, finding no controlling precedent in New Jersey, applied federal rulings from other jurisdictions that say employees have no reasonable expectation of privacy when using computers linked to company networks. (Law.com)
Federal Judge Rules Government Can Scour All of Lawyer's Seized Computer Records Sep 3, 2008
Kugler also found that though the search and seizure allowed by the warrant was broad, it was reasonable and thus Manno had not shown he was likely to succeed. "If all the material in Manno's office was in paper form, government agents could have done a brief review of each document to determine its responsiveness to the warrant," wrote Kugler. (Law.com)
Oversized preps a growing issue Aug 31, 2008
For the record, Alan Beste, an IHSAA official, said the state doesn t test prep athletes for steroids, since Chapter 808A (of the Iowa Code) prohibits it as illegal search and seizure. Some coaches suggest that supplements are the main cause for concern. (Waterloo-Cedar Falls Courier)
Beware of gun control Aug 30, 2008
Ron Murray Sr wrote on Aug 28, 2008 10:44 PM:" And Biden also sponsored legislation to protect battered women. Do you understand that abuse goes up when an economy fails and people lose their jobs? And Biden did not lead any assault on your right to bear arms. It is guaranteed under the Constitution of the United States of America. You remember, the document that says you can not be subjected to unlawful search and seizure, your privacy invaded, your freedom compromised, our phones tapped and... (Rockingham Daily Journal, NC)
OCEANSIDE: DUI checkpoint set for Saturday Aug 30, 2008
Sure, there are people like Colt who claim this is an invasion of privacy, or undue search and seizure. But for those of us who follow the rules, pay fees, have insurance, obey laws, have common decency and do the right thing, we dont relish in the idea of sitting in a checkpoint, we do so knowing it benefits all of us in the long run. (North County Times)
Delegates reminded that Nov. 4 is real prize, not nomination Aug 28, 2008
On the way back, we ran into more street theater, where a group of about 50 Iraq veterans in desert fatigues pantomimed the tactics used in a search and seizure mission. Running in formation on both sides of the street, they stopped every few blocks and dropped to their knees, each soldier simulating a machine gun with his or her hands and pointing it at cars and passers-by. (Chippewa Falls Chippewa Herald, WI)
Police use GPS as crime-fighting tool Aug 19, 2008
Chris Leibig wouldn't discuss the case with CNN, but said the tracking constituted illegal search and seizure, a violation of his client's Fourth Amendment right. "Our main point with this is that before installing a GPS tracking device secretly on someone's vehicle, a judicial officer should make the decision about how much evidence is good enough, how long the tracking can be for, and the parameters of the tracking," Leibig said. (CNN -- Tech)
Danielle Nevitt Aug 19, 2008
pwb wrote on Aug 19, 2008 5:18 AM:" There are well-documented stories in WWII where Goering (head of Hitler's Luftwaffe) used German protesters against Nazi aggression as examples to the rest of the population, denouncing them for their lack of patriotism when the Fatherland most needed the support of all patriotic Germans. Of course they were all imprisoned, but in the most public way possible. Stalin did the same with his own citizens, very loudly and very publicly denouncing their lack of... (Logan Herald Journal, UT)
ATF Arrests Revoked Gun Dealer Aug 16, 2008
Undercover operations led to the search and seizure of more than 600 firearms from the revoked gun dealer, yesterday, by agents from the ATF Flint Field Office, the Michigan State Police, the Oakland County Sheriff's Office, along with ATF regulatory investigators. "Those who knowingly violate the federal firearms laws should be held responsible for their actions," said Special Agent in Charge Thomas Brandon of the ATF Detroit Field Division. (PR Newswire)
Judge denies another motion (39) Aug 16, 2008
On Friday, the judge determined that police didn t violate Petersen s rights to privacy and that there was no unlawful search and seizure the morning of his arrest. A secretary who answered the phone at Belke s office Friday afternoon said Belke was out that day and hadn t seen Newman s ruling. (Montana Standard, MT)
Under surveillance: Backers of privacy rights track GPS use Aug 14, 2008
Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights, and is another step toward George Orwell's Big Brother society. Law enforcement officials, when they discuss the issue at all, said GPS is essentially the same as having an officer trail someone, just cheaper and more accurate. (Boston Globe)
Police turn to secret weapon: GPS Aug 13, 2008
Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. Law enforcement officials, when they discuss the issue at all, said GPS is essentially the same as having an officer trail someone, just cheaper and more accurate. (MSNBC -- Race)
Alfalfa County lawsuit for the birds Aug 13, 2008
Some initial pre-trial testimony has been heard by the court, but Bolster has filed a motion to quash and dismiss evidence that resulted from what she is charging was an illegal entry, search and seizure. A hearing on that motion has been set for Sept. 12. (Alva Review Courier, OK)
Is a special Houston police unit fighting crime or hassling the public? Aug 12, 2008
(Officers) say they re bordering on violation of search and seizure laws without search warrants, they have made cases by swabbing the inside of a suspect s nose or mouth and getting a positive field test. Hard to believe. (KHOU.com, TX)
Data as baggage Aug 11, 2008
For the first time, the United States Customs and Border Protection agency last month released its policy on the search and seizure of laptops, cellphones, personal digital assistants (PDAs) such as BlackBerrys, and other devices. Canada Border Services Agency also searches electronic devices and may seize them. (Globe and Mail -- Technology)
Teachers' vote seen as OK for drug tests Aug 7, 2008
In a 33-page opinion, the state Attorney General's Office wrote that the contract's approval by a majority of some 13,000 isle teachers in May 2007 invalidates "any constitutional search and seizure or privacy concerns" over a random drug-testing program. The report, released Friday by Deputy Attorney General Girard Law, came a month after the Hawaii State Teachers Association failed to implement a drug-testing program by a June 30 deadline. (Honolulu Star-Bulletin)
Just say no to drug tests Aug 7, 2008
ostinmontana wrote on Aug 6, 2008 3:02 PM:" As well as being ineffective at reducing drug use, a proposed Butte School District drug testing policy will also open the school up to lawsuits. The last thing the Butte School District needs is another lawsuit. Although the US Supreme Court narrowly decided that drug testing on certain students is okay, the issue has not been tested in regards to Montana's State Constitution which gives its citizens MORE privacy rights than the US Constitution. A... (Montana Standard, MT)
'Zuma's bid is pointless' Aug 6, 2008
He contested the lawfulness of search and seizure operations by the state. His case has had a ripple effect on politics in South Africa. (iAfrica.com)
US Border Agency Says It Can Seize Laptops Aug 4, 2008
Secondary Navigation. Agam Shah, IDG News Service Fri Aug 1, 7:50 PM ET. (Yahoo News -- Technology)
Zuma mania hits Pmb Aug 4, 2008
The two faced off in the Constitutional Court in March when Zuma and his co-accused French arms manufacturer Thint attempted to have controversial August 2005 search and seizure raids declared unconstitutional. The outcome of that battle was announced last Thursday and apart from one of the judges, Judge Sandile Ngcobo who gave a dissenting view, the Constitutional Court ruled in favour of the State. (iAfrica.com)
Shelton man faces robbery, kidnapping charges Aug 2, 2008
An investigation led police to Streit, and police executed a search and seizure warrant at his Shelton residence on Thursday. P o l i c e refused to d i v u l g e exactlywhat items were taken. (Valley News, CT)
South Africa: State Wins Another Round Against Zuma Aug 1, 2008
com: South Africa: State Wins Another Round Against Zuma (Page 1 of 1). Use our pull-down menus to find more stories. (allAfrica.com)
ANC respects Concourt ruling Aug 1, 2008
Article By: Thu, 31 Jul 2008 15:10 The ANC respects the ruling of the Constitutional Court on the application by its president Jacob Zuma on the lawfulness of search and seizure operations by the Scorpions, the party said on Thursday. "The ANC respects the right of all citizens to freely exercise their constitutional rights and to seek whatever legal recourse they consider necessary," read a statement. (iAfrica.com)
Smoldering cigarette blamed for fire (68) Jul 31, 2008
outtabutte wrote on Jul 30, 2008 7:12 AM:" Yes it should MATTER if they arrested him properly. If they violated the rules of search and seizure or any of his CONSTITUTIONAL RIGHTS the LAW says the evidence must be thrown out! Just because he is accused of commiting a crime does not meant that the Butte Police can toss everything out the window and break the laws to get a conviction.Lt. Ed Lester said Petersen admitted to him that he had been drinking the night of the fatal crash. Let this guy... (Montana Standard, MT)
A big day for Jacob Zuma Jul 31, 2008
Article By: Thu, 31 Jul 2008 08:31 The Constitutional Court will hand down its ruling on Thursday on the lawfulness of search and seizures carried out at the premises of African National Congress president Jacob Zuma, his lawyer Michael Hulley and arms company Thint Holdings ... While the Durban High Court upheld a challenge by Zuma and Hulley against the search and seizures, the Pretoria High Court ruled against a similar challenge by Thint ... However, the Supreme Court of Appeals later ruled... (iAfrica.com)
Traffic incident brings response into question Jul 30, 2008
Just An Observer wrote on Jul 25, 2008 5:16 PM:Is it any wonder that Coos County votes down law enforcement levies and in the past has voted to do away with the search and seizure laws that benefited law enforcement. We have so many examples of corruption and criminality from various local law enforcement communities that one might as well have biker gangs patrolling the streets and save the tax dollars for something worthwhile. (Coos Bay-North Bend The World, OR)
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)
