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A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
The Facebook real-name policy controversy is a controversy over social networking site Facebook 's real-name system, which requires that a person use their legal name when they register an account and configure their user profile. [1] The controversy stems from claims by some users that they are being penalized by Facebook for using their real ...
Search warrant application, affidavit. To apply for a search warrant, the application itself has to show that the detective has probable cause to a) believe a crime has been committed and b ...
IV. Riley v. California, 573 U.S. 373 (2014), [1] is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment. [2] [3]
Many law enforcement officials believe they need a search warrant to access such images, slowing down the process. At times, multiple warrants or subpoenas are needed to identify the same offender.
Schmerber v. California, 384 U.S. 757 (1966), was a landmark [1] United States Supreme Court case in which the Court clarified the application of the Fourth Amendment 's protection against warrantless searches and the Fifth Amendment right against self-incrimination for searches that intrude into the human body.
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...