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Topic: Search and seizure

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	Search and Seizure Encyclopedia Article, Description, History and Biography @ LocalColorArt.Encyclopedia.com (Site not responding. Last check: 2007-09-17)
		Search and seizure is a legal procedure used in many common law whereby police, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.
		However, searches are premitted under the "plain view" and "open fields" doctrine that allow an officer to seize evidence that is located where there is no expectation of privacy.
		For a search to be "reasonable" it must be authorized by law, the law itself must be reasonable, and the manner in which the search was carried out must be reasonable (R. v.
	encyclopedia.localcolorart.com /encyclopedia/Search_and_seizure (530 words)

	Understanding Search and Seizure Law (Site not responding. Last check: 2007-09-17)
		Search warrants are discussed in detail in Search Warrants: What They Are and When They're Necessary.
		If, upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal.
		In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence, under a legal rule colorfully known as the "fruit of the poisonous tree" doctrine.
	www.nolo.com /encyclopedia/articles/crim/search_seizure.html (950 words)

	[No title]
		Most searches of computer systems will be pursuant to warrant, but the recognized exceptions to the warrant requirement apply equally to the search and seizure of computers.
		In General Warrants to search computers which contain privileged information must meet the same requirements as warrants to search for and seize paper documents under similar conditions; that is, the warrant should be narrowly drawn to include only the data pertinent to the investigation, and that data should be described as specifically as possible.
		Since the extensive seizure of records was authorized by the terms of the warrant, it was inevitable that the officers would seize documents that were not relevant to the proceedings at hand.
	www.epic.org /security/computer_search_guidelines.txt (19975 words)

	SUPPLEMENT TO FEDERAL GUIDELINES FOR SEARCHING AND SEIZING COMPUTERS (Site not responding. Last check: 2007-09-17)
		The court reasoned that searching all files on the hard drives and diskettes at the scene of the crime is often not practical for the agents executing a warrant.
		Further, the court held that a warrant authorizing the search and seizure of material depicting children under the age of 16 engaged in "sexually explicit conduct" was particular enough to limit an officer's discretion.
		The court held that the search warrant was valid in light of the pervasive nature of the fraud, the considerable overlap of the defendant's business and personal life, and the limitation of the warrant to records of financial transactions.
	www.usdoj.gov /criminal/cybercrime/supplement/ssgsup.htm (8674 words)

	Search and Seizure in Public Schools (Site not responding. Last check: 2007-09-17)
		Search and seizure in the public schools has long been a problem for both school authorities and law-enforcement officers.
		The monograph also suggests some practical ways of applying search and seizure law to situations in the school setting.
		A model for the application of search-and-seizure law called TIPS is introduced, which consists of the variables to be considered by practitioners before engaging in a search.
	www.educationlaw.org /publications/search.htm (265 words)

	Stop and Frisk Law (Site not responding. Last check: 2007-09-17)
		It is a seizure of the person, or more specifically, a deprivation of their liberty.
		Workplace searches of desks and filing cabinets can be done under certain circumstances such as to find a missing file or if there are indications of on-the-job misconduct.
		Searches by school officials are governed by stop and frisk law, but are not restricted to weapons.
	faculty.ncwc.edu /toconnor/frisk.htm (1461 words)

	Search and Seizure Guide (Site not responding. Last check: 2007-09-17)
		A SEIZURE is by definition the deprivation of liberty, or the enjoyment in exercising dominion or control over a thing, be it property or person (see Stop and Frisk).
		Applies to searches that must be conducted immediately, and has been extended to include fingernail scrapings, blood samples, and urine tests.
		, which means that there must be reason to believe a search would turn up evidence, the procedure must be related to the search for evidence (and not for disciplinary purposes), and the search is not intrusive nor discriminatory on the basis of age, sex, or race.
	faculty.ncwc.edu /toconnor/405/405lect04.htm (2779 words)

	Daniel Shap, "Search and Seizure of Canadian Computer Environments "
		Search and seizure is generally viewed as an exceptional remedy.18 Consequently, it has traditionally been held that the warrant should only authorize the search for specified goods, with a view to a specified offence.
		Similarly, the indirect seizure of the electronic communications or e-mail of third parties who are not the object of investigation would constitute an infringement of this requirement for particularization.
		Such third persons who seek to take an action for the inappropriate seizure of their electronic correspondence, would likely possess the necessary locus standi to contest the seizure and avail themselves of their constitutional right to be secure against unreasonable search and seizure as guaranteed by s.
	www.catalaw.com /logic/docs/ds-srch.htm (8592 words)

	00.02.04: Search and Seizure
		First, since it is unreasonable searches and seizures that are prohibited, the legality of a search is determined by a standard of reasonableness.
		If a valid search warrant is obtained prior to the search, the search will be considered reasonable if the search is conducted according to the warrant A proper warrant must be one issued by a public official-a judge or a magistrate who is clearly empowered to issue warrants.
		Students will examine the issues of their rights versus search in the school The question of the rights of public school students to be free from unreasonable searches and first came to the attention of the Court in the 1985 case New Jersey v.
	www.yale.edu /ynhti/curriculum/units/2000/2/00.02.04.x.html (7289 words)

	Online NewsHour: Search and Seizure - February 20, 2001
		JAN CRAWFORD GREENBURG: That wouldn't be a search at all because the court has long held that things that we, you know, that we hold out to the public, like the garbage we leave on our curb, you know, we don't expect that they're going to be kept private.
		The court has long held that a search occurs when the government intrudes into an area that people would reasonably expect would be private.
		So, therefore, that violated his expectations of privacy and constituted a search so the government should have been forced to get a search warrant before they used the device in the first place.
	www.pbs.org /newshour/bb/law/jan-june01/search_02-20.html (1340 words)

	FRCRMP - Rule 41 (LII 2004 ed.)
		This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances.
		The warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the magistrate judge to whom it must be returned.
		A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return.
	www.law.cornell.edu /rules/frcrmp/Rule41.htm (1190 words)

	INDIANAPOLIS&NBSP; V.&NBSP; EDMOND
		Held: Because the checkpoint program’s primary purpose is indistinguishable from the general interest in crime control, the checkpoints violate the Fourth Amendment.
		(a) The rule that a search or seizure is unreasonable under the Fourth Amendment absent individualized suspicion of wrongdoing has limited exceptions.
		It also does not affect the validity of border searches or searches in airports and government buildings, where the need for such measures to ensure public safety can be particularly acute.
	supct.law.cornell.edu /supct/html/99-1030.ZS.html (720 words)

	ABC News: Google Vows to Fight Government Demand for User Data
		Search engine giant Google says it will fight vigorously against the government's attempts to gain access to information on how millions of Americans search the Internet.
		The data could not be used to trace the searches of individual Google users, but privacy advocates are nevertheless concerned.
		Search engines typically keep data on search terms, Web sites visited and the electronic addresses of users.
	abcnews.go.com /Technology/story?id=1523227 (502 words)

	Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (1995). (Site not responding. Last check: 2007-09-17)
		Prouse, 440 U.S. Where a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, this Court has said that reasonableness generally requires the obtaining of a judicial warrant, Skinner, supra, at 619.
		A search unsupported by probable cause can be constitutional, we have said, "when special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable." Griffin v.
		Just as when the government conducts a search in its capacity as employer (a warrantless search of an absent employee's desk to obtain an urgently needed file, for example), the relevant question is whether that intrusion upon privacy is one that a reasonable employer might engage in, see O'Connor v.
	supct.law.cornell.edu /supct/html/94-590.ZO.html (5106 words)

	Field Guide Part Four
		For a search and seizure there are two logs (electronic or paper) which are needed initially: the search and seizure evidence log, and the shipping manifest.
		The search warrant would have to be limited by the facts and to mail between the parties involved in criminal activity.
		On the Computer Search Warrant Team, the Case Supervisor bears overall responsibility for team activities, although he or she "may not have to stay at the scene beyond the initial entry and securing of the scene" [4, pg.
	www.securityfocus.com /infocus/1247 (2048 words)

	Drug Policy Alliance: Illegal Search and Seizure
		The Fourth Amendment of the U.S. Constitution guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..." The expansion of police powers as part of the war on drugs has been one of the most significant challenges to the integrity of the Fourth Amendment.
		Such searches and seizures take place on the streets, in cars, on public transportation, in homes, in the workplace and in schools - anywhere that people and drugs can be found.
		Racial profiling is the practice of stopping, searching or targeting for investigation an individual on the basis of race, national origin or ethnicity.
	www.drugpolicy.org /law/searchandsei (411 words)

	American Civil Liberties Union
		The 4th, 5th, 6th, 8th and 14th Amendments guarantee against unreasonable search and seizure, and the right to reasonable bail, due process of law and to be free from cruel and unusual treatment.
		These rights are indispensable to a free society and something the ACLU advocates for in the court system.
		Caballes, the Court determined a dog sniff conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess does not violate the Fourth Amendment.
	www.aclu.org /CriminalJustice/CriminalJusticelist.cfm?c=51 (571 words)

	CCIPS SEARCHING AND SEIZING COMPUTERS
		In order to highlight changes in the law resulting from the USA PATRIOT Act, CCIPS has produced a redlined document showing various Federal statutes relevant to computer search and seizure and electronic evidence-gathering issues, and how these statutes have changed under the new law.
		Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses
		It is an excerpt of a larger DOJ manual entitled "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations", which is available on the internet at www.cybercrime.gov/searchmanual.htm.
	www.cybercrime.gov /searching.html (890 words)

	The Practice: Search and Seizure - TV.com (Site not responding. Last check: 2007-09-17)
		Rebecca's friend enlists the firm to try to set a legal precedent by forcing his wife to have a C-section against her wishes.
		We don't have allusions for Search and Seizure.
		The June 8, 1998 rebroadcast of "Search and Seizure" mistakenly included the credits for episode # 27, "In Deep".
	www.tv.com /practice/search-and-seizure/episode/2904/summary.html (93 words)

	search and seizure articles
		"Search and Seizure" and the Fourth Amendment - Findlaw for the …
		… "Search and Seizure" and the Fourth Amendment.
		… of the search or seizure, examine on oath any person who is found to be in possession or control of any books of account or other documents, articles or things …
	www.silentbrian.com /search-and-seizure-articles.html (480 words)

	Court TV's Legal Cafe: Search and Seizure (Transcripts)
		A police search, particularly in your home, is generally valid only if police have first gotten permission from a judge.
		The Fourth Amendment of the Constitution is the law of the land on search and seizures.
		In certain instances, a warrant may not be required for a search if the person consents to a search, if the evidence is in plain view, if the police are in hot pursuit of a suspected criminal, or if there are exigent circumstances--your basic emergency.
	www.courttv.com /legalcafe/home/search/transcript.html (3071 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		T.L.O. is a perfect vehicle for a discussion of student rights, search and seizure issues and the "delicate balance" between individual freedoms and society's needs.
		A simple simulation inspired by a teacher's guide to a government text engages students in a search and seizure activity that allows an exploration of students' rights within a school setting.
		Finally, it requires the investigation of search and seizure case law.
	www.col-ed.org /cur/sst/sst26.txt (505 words)

	Search and Seizure Law: Internet Law Library
		Evans (U.S., 1995) (search pursuant to invalid arrest warrant)
		2d ___ (facts to be specified in application for search warrant)
		Police dog search and seizure cases (summaries) compiled by the K9 Academy for Law Enforcement
	www.lawmoose.com /internetlawlib/201.htm (311 words)

	The page cannot be found (Site not responding. Last check: 2007-09-17)
		HTTP Error 404 - File or directory not found.
		Go to Microsoft Product Support Services and perform a title search for the words HTTP and 404.
		Open IIS Help, which is accessible in IIS Manager (inetmgr), and search for topics titled Web Site Setup, Common Administrative Tasks, and About Custom Error Messages.
	www.absoluteastronomy.com /encyclopedia/s/se/search_and_seizure.htm (121 words)

	NCJA Legal Update (Site not responding. Last check: 2007-09-17)
		When a Warrantless Search is Constitutional: Inventory Search is Generally Allowed When Law Enforcement Agency Policy is Reasonable and Officer Follows It.
		Search Incident to Arrest in the Passenger Area of an Automobile
		Search Incident to Arrest Everywhere but in the Passenger Area of an Automobile
	www.jus.state.nc.us /NCJA/legalupd.htm (637 words)

	SSRN-Search and Seizure: Past, Present, and Future by Orin Kerr
		This is an encyclopedia entry on search and seizure law for the forthcoming Oxford Encyclopedia of Legal History.
		Kerr, Orin S., "Search and Seizure: Past, Present, and Future".
		To search for other abstracts in the SSRN archival database, click here.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=757846 (235 words)

	The Volokh Conspiracy - Short Overview of Search and Seizure Law: (Site not responding. Last check: 2007-09-17)
		The Volokh Conspiracy - Short Overview of Search and Seizure Law:
		I have just uploaded an 11-page paper on the history, present, and future of Fourth Amendment law: Search and Seizure: Past, Present, and Future.
		It's a first draft of what should eventually be the Fourth Amendment entry in the forthcoming Oxford Encyclopedia of Legal History.
	volokh.com /posts/1121366533.shtml (126 words)

	FindLaw: U.S. Constitution: Fourth Amendment
		Use the Thomson Legal Record to access a lawyer's litigation record, articles and more!
		Search a database of over 1,000,000 lawyer profiles to find the lawyer with the experience you need.
		Our free service connects you to lawyers who can help you with your case.
	caselaw.lp.findlaw.com /data/constitution/amendment04 (279 words)

	CCIPS - GUIDELINES FOR SEARCHING AND SEIZING COMPUTERS (Site not responding. Last check: 2007-09-17)
		CCIPS - GUIDELINES FOR SEARCHING AND SEIZING COMPUTERS
		These Guidelines are the product of an interagency group, informally called the Computer Search and Seizure Working Group.
		As computers and telecommunications explode into the next century, prosecutors and agents have begun to confront new kinds of problems.
	www.usdoj.gov /criminal/cybercrime/search_docs/search.htm (601 words)

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