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Topic: Warrant legal


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In the News (Wed 3 Dec 08)

  
  Warrant (law) - Wikipedia, the free encyclopedia
Warrant officers derive their authority from an authorization given by a defense minister as opposed to actually being an officer of the state.
Warrants are typically issued by courts and are directed to the sheriff or a police officer.
Warrants are also issued by other government entities, particularly legislatures, since most have the power to compel the attendance of their members.
en.wikipedia.org /wiki/Warrant_(legal)   (295 words)

  
 Steagald v. US, US Supreme Court - April 21, 1981
An arrest warrant is issued by a magistrate upon a showing that probable cause exists to believe that the subject of the warrant has committed an offense and thus the warrant primarily serves to protect an individual from an unreasonable seizure.
A search warrant, in contrast, is issued upon a showing of probable cause to believe that the legitimate object of a search is located in a particular place, and therefore safeguards an individual's interest in the privacy of his home and possessions against the unjustified intrusion of the police.
However, the agents sought to do more than use the warrant to arrest Lyons in a public place or in his home; instead, they relied on the warrant as legal authority to enter the home of a third person based on their belief that Ricky Lyons might be a guest there.
www.druglibrary.org /schaffer/Library/legal/steagald.htm   (8041 words)

  
 1 No. 92: The People &c. v. William Bilsky   (Site not responding. Last check: 2007-11-06)
Generally, rulings on a search warrant application are not the type of determinations to which the law of the case doctrine are intended to apply, in any event and even if a prior probable cause determination had been previously made.
The joinder of issue, with a legal determination of the kind subject to law of the case rubrics, comes later at the controverted suppression procedural crossroads.
Notably, warrant requirements of the State and Federal Constitutions (NY Const, art I, § 12; US Const, 4th Amend) are designed to place such matters before the detached and independent judgment of a neutral magistrate.
straylight.law.cornell.edu /nyctap/I00_0089.htm   (1620 words)

  
 Warrant (legal)   (Site not responding. Last check: 2007-11-06)
A warrant is a writ issued by a competent officer of the state which not only orders that an be performed but also authorizes such an which is usually otherwise illegal and affords person carrying out the writ protection from if the act is performed.
Warrants are also issued by other government entities.
Warrant Officers derive their authority from warrants issued government officials as opposed to actually being officer of the state.
www.freeglossary.com /Warrant_%28legal%29   (335 words)

  
 Bulletin of the American Society for Information Science: Compiling warrant in support of the functional requirements ...
The team suggested that archivists and records managers could use the statements from laws, regulations, standards, etc., as warrant, that is, as proof or justification that organizations must comply with the requirements because the requirements are based on practices established by their own profession or industry.
The three legal experts assessed a total of 29 legal sources and their evaluations of the sources' trustworthiness were in agreement for 17 of them.
Legal sources, however, had more general statements concerning the need to produce "evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result." (Federal Rules of Evidence.
www.findarticles.com /p/articles/mi_qa3633/is_199706/ai_n8782561   (1301 words)

  
 Legal Definition of Warrant Of Attorney
This general authority is usually qualified by reciting a bond which commonly accompanies it, together with the condition annexed to it, or by a written defeasance stating the terms upon which it was given, and restraining the creditor from making immediate use of it.
A warrant of attorney given to confess a judgment is not revocable, and, notwithstanding a revocation, judgment may be entered upon it.
The virtue of a warrant of attorney is spent by the entry of one judgment, and a second judgment entered on the same warrant is irregular.
www.lectlaw.com /def2/w040.htm   (188 words)

  
 OSCN Found Document:DOWELL v. STATE
The defendant says in his brief that the search warrant was introduced in the trial of said case, on October 5, 1950, but the record presented to us on said motion to suppress nowhere discloses the search warrant was ever before the trial court as evidence, on the motion.
It is fundamental that we must take the record as it is made and as it was stipulated to by counsel for defendant and the county attorney as being a correct representation of what took place at the hearing on the motion to suppress.
Under the state of the record, the cases cited by defendant on the proposition of the invalidity of a blanket search warrant are not in point, since, under this record, we cannot determine their applicability herein.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=57532   (905 words)

  
 William Blackstone: Of Arrests
That he may also issue a warrant to apprehend a person fulpected of felony, though the original suspicion be not in himself, but in the party that prays his warrant; because he is a competent judge of the probability offered to him of such suspicion.
And a warrant to apprehend all persons guilty of a crime therein specified, is no legal warrant: for the point, upon which its authority rests, is a fact to be decided on a subsequent trial; namely, whether the person apprehended thereupon be really guilty or not.
A warrant from the chief, or other, justice of the court of king's bench extends all over the kingdom: and is teste'd, or dated, England; not Oxfordshire, Berks, or other particular county.
www.lonang.com /exlibris/blackstone/bla-421.htm   (1449 words)

  
 RW ONLINE:Mumia: Life and Death   (Site not responding. Last check: 2007-11-06)
Mumia's initial response to the death warrant was typical of the courage, determination and optimism he has shown throughout his 17 years as a political prisoner on death row: "This is just the next stage of the fight.
Habeas corpus is a legal term meaning a request for the federal courts to review a conviction and sentencing by a state court.
The judge is not legally required to lift the death warrant.
rwor.org /a/v21/1020-029/1027/mumain.htm   (1258 words)

  
 OSCN Found Document:Enochs v State
It is not necessary as a part of the state's case in chief for the state to introduce in evidence the search warrant purportedly used by officers in making the search of accused's premises.
Counsel for defendant in their brief raised the proposition that the state failed to introduce the search warrant in evidence, which was purportedly used by the officers in making the raid, and that this was fatally defective to the legality of the conviction.
The presumption is in favor of the legality of all proceedings.
www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=56519   (616 words)

  
 FindLaw: U.S. Constitution: Fourth Amendment: Annotations pg. 2 of 6
As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.'' 111 This requirement thus acts to limit the scope of the search, inasmuch as the executing officers should be limited to looking in places where the described object could be expected to be found.
Search Warrant, 114 the seizure of 11,000 copies of 280 publications pursuant to warrant issued ex parte by a magistrate who had not examined any of the publications but who had relied on the conclusory affidavit of a policeman was voided.
The seizure of a film without the authority of a constitutionally sufficient warrant is invalid; seizure cannot be justified as incidental to arrest, inasmuch as the determination of obscenity may not be made by the officer himself.
caselaw.lp.findlaw.com /data/constitution/amendment04/02.html   (4796 words)

  
 "Justifiable Homicide" Defined & Explained
A judge who, in pursuance of his duty, pronounces sentence of death, is not guilty of homicide; for it is evident that as the law prescribes the punishment of death for certain offences, it must protect those who are entrusted with its execution.
A judge, therefore, who pronounces sentence of death in a legal manner, on a legal indictment, legally brought before him, for a capital offence committed within his jurisdiction, after a lawful trial and conviction of the defendant, is guilty of no offence.
And when the warrant commands him to put a criminal to death, he is justified in obeying it.
www.lectlaw.com /def/j059.htm   (301 words)

  
 Bench Warrant Law and Legal Definition - USlegalforms.com   (Site not responding. Last check: 2007-11-06)
A civil bench warrant is issued for failure to comply with a court order in a civil case, such as an order to appear in court.
A criminal bench warrant is issued for failure to comply with a court order in a criminal case, such as where an indictment has been handed down against a person who is at large, and that person does not appear or remain in attendance for his trial.
An arrest warrant exists until it has been served (i.e the suspect has been arrested) or it is withdrawn by the issuing agency or the court.
www.uslegalforms.com /lawdigest/legaldefinitions.php/bench_warrant.htm   (420 words)

  
 The Dunk Warrant
The legal decision that this warrant was unlawful (constituting "unreasonable search and seizure") is a cornerstone of modern Anglo-American legal thought.
It may be the single most important warrant in the history of Anglo-American law.
The judges who heard the cases reasoned that warrant was invalid, because it swept too broadly -- both because it left the officers with discretion regarding whom, precisely, they should arrest, and because it allowed the seizure of all of their papers.
www.montaguemillennium.com /familyresearch/dunk.htm   (458 words)

  
 ALA | USA Patriot Act Search Warrant
 and reviewed by legal counsel. Libraries or librarians who are served with a warrant issued under the provisions of the new anti-terrorism law may, and are encouraged to, consult with and seek the assistance of legal counsel to assure that the search warrant is in proper form and shows good cause.
A library and its employees can still seek legal advice concerning the warrant and request that the library’s legal counsel be present during the actual search provided for by the warrant.
Libraries or librarians who are served with a warrant issued under the provisions of the new anti-terrorism law may, and are encouraged to, consult with and seek the assistance of legal counsel to assure that the search warrant is in proper form and shows good cause.
www.ala.org /ala/oif/ifissues/usapatriotactsearch.htm   (997 words)

  
 GARA | The Basque Country weekly   (Site not responding. Last check: 2007-11-06)
What is unusual is that the complaint made by the victims has been accepted by the court, which has sentenced the officer in charge of the operation of being the author of an “offence against the inviolability of the home, carried out in the exercise of this duty”.
According to the legal text, “in response to direct questioning”, this detainee had stated that in 1987 he had shared a student flat in Donostia, in which “members of ETA had been hidden”.
Additionally, the Court pointed out that, when a relative who is a practising lawyer appeared in the home demanding a legal warrant, the Civil Guards told him that “we knew that it wasn't necessary, because anti-terrorist legislation was being used”.
www.euskalherria.com /english/ast26012004/7.php   (590 words)

  
 Converted file tac   (Site not responding. Last check: 2007-11-06)
The validity of an arrest warrant under which a defendant has been previously detained is an issue of first impression in Indiana.
Once this warrant was satisfied, five months before defendant’s arrest, there no longer existed any basis for his detention, and the Government may not now profit by its own lack of responsibility.
However, if the information fails to support a legal arrest, evidence seized as a result of the arrest cannot be insulated from challenge on the grounds that the instigating officer relied on information furnished by fellow officers.
www.state.in.us /judiciary/opinions/archive/11180401.tac.html   (1625 words)

  
 [No title]
These searches are usually conducted without a warrant, and investigations can result in confining the individuals to their city of residence or a brief jail sentence for questioning.
Warrants also are required in routine searches and seizures, except in cases where authorities believe individuals may attem pt to escape or destroy evidence.
The police must obtain a warrant to search both public and private property, unless they are in hot pursuit of a suspect fleeing the scene of a crime or if alcohol or narcotics are suspected on the premises.
www.privacy.org /pi/reports/hr96_privacy_report.html   (20368 words)

  
 [No title]
But it is the Warrant of Execution, and only the Warrant of Execution, that gives the Director of the Texas Department of Criminal Justice-Institutional Division the necessary “due process of law” and “due course of the law of the land” authority to carry out any specific execution.
The clerk is ordered to issue a death warrant in accordance with this sentence directed to the Warden of the State Penitentiary at Huntsville, Texas, and deliver such warrant to the Sheriff of Nueces County to be by him delivered to the warden, together with the said JOSE ELIJIO DE LA CRUZ.
I have reason to be suspicious of the validity and legality of the "Warrant of Execution" for Mr.
www.thezephyr.com /gwbush.doc   (6333 words)

  
 NCPA - Crime And Gun Control - Court Upholds Search Warrant Requirement   (Site not responding. Last check: 2007-11-06)
Legal observers noted with interest that the Court -- which is often deeply divided -- was unanimous in its decision.
But the Supreme Court found that murder scenes are not exempt from the Fourth Amendment's warrant requirement.
The only possible exemptions to that requirement would be in cases where there was an emergency or danger to the police or others that would have precluded getting a warrant after the site was secured -- situations that did not apply to this particular case.
www.ncpa.org /pi/crime/pd101999c.html   (262 words)

  
 Article X   (Site not responding. Last check: 2007-11-06)
The warrant should be as specific as possible about which computer components to seize and, consistent with other types of warrants, it should describe the item to be seized in as much detail as possible, especially if there may be two or more computers at the scene.
By the time a new search warrant is obtained the perpetrator will have moved the information again or he or she will have altered or destroyed it.
Lehman, 736 A.2d 256, 1999 ME 124 (Maine 1999) (warrant was not constitutionally overbroad because it authorized seizure of all computers in defendant’s house, even though one victim allegedly described a computer located on the second floor of the house; given the mobility of computer equipment, the description was reasonable).
cybercrimes.net /MCCIP/shellart7.htm   (8060 words)

  
 Legal Advice Warrant In Debt   (Site not responding. Last check: 2007-11-06)
Legal advice warrant in debt to my bride company that distributes.
Legal advice warrant in debt to become knowledgeable little far off international agreement on.
Anyone legal advice warrant in debt plans to reformed cheater i increasing your credit to come to.
www.aragil.am /credit/legal_advice_warrant_in_debt.html   (714 words)

  
 JAGCNet.army.mil - Leadership-WOC   (Site not responding. Last check: 2007-11-06)
Chief Warrant Officer Four Carol E. Hauck was born in 1957 in Rice Lake, Wisconsin.
Her initial assignment after graduation from the Legal Specialist Course at Fort Benjamin Harrison in 1986, was a Legal Specialist with the 15th Military Intelligence Battalion, Fort Hood, Texas.
She is a graduate of the first Legal Administrator Warrant Officer Advance Course at The Judge Advocate General's School, in Charlottesville, Virginia.
www.jagcnet.army.mil /laawsxxi/jagcprofile.nsf/(JAGCNetDocID)/Leadership-WOC   (462 words)

  
 Legal basis for the alleged warrant   (Site not responding. Last check: 2007-11-06)
whether the alleged warrant might have been backdated, there is also the
A judge may not lawfully issue a warrant without a legal premise.
Let us, for the moment, assume that it was a "search" warrant.
www.apfn.org /apfn/warrant1.htm   (302 words)

  
 Warrant - Legal Law & Court Definitions
An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct.
If you feel that the definition of any of our law or legal related terms is not correct please contact us.
www.thelegaldictionary.com /legal-term-details/Warrant   (106 words)

  
 George Montagu Dunk, 1716-1771
He wrote the Dunk Warrant, which may be the single most important warrant in Anglo-American law.
The following account of the Dunk warrant, and its historical importance, was written by Professor David A. Sklansky of the UCLA School of Law and e-mailed to this site:
The Dunk warrant appears in English Historical Documents, vlm 10, p 256 (D.B. Horn and Mary Ransome eds., 1957).
www.montaguemillennium.com /familyresearch/h_1771_dunk.htm   (548 words)

  
 [No title]
May shift the legal burden to the defendant to show that the evidence was seized illegally.
Requirements: In order for a warrant to be legal, it must meet constitutional guidelines, legal requirements, the authorization of a judge, and contain specified information.
Once a warrant is authorized it must be executed promptly; other items of contraband/evidence should not be sought, unless they are specific in the warrant.
www.tcleose.state.tx.us /Course_Reviews/2106_2001_final_drf2.doc   (18904 words)

  
 Pacific Coast Business Times | Legal Affairs | Warrant says ink, paper pitch was fraud
The warrant alleges that through the tactics employed, businesses would get the impression Print Mate was their longstanding ink and paper supplier.
According to the warrant, another read: “Hey, this is [caller’s name] calling from Print Mate about the ink for the register.
Sales transactions cited by the district attorney’s office in the warrant suggested most individual Print Mate sales were for $100 or less, meaning the number of businesses Print Mate employees may have contacted during its six years in operation could be in the thousands.
www.pacbiztimes.com /articles/wk_080404d.cfm   (920 words)

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