Suchergebnisse

Court says the warrant was "constitutionally defective" but grants police a "good faith" exception.

Details a New South Wales anticorruption inquiry involving a Member of the upper House. The execution of the search warrant is briefly described. Attention is then given to findings from the Standing Committee on Parliamentary Privilege and Ethics as to whether a breach of immunity of the House occurred, whether any contempts of Parliament were involved, and the kind of procedures ought to be established for determining whether documents or items are immune from seizure.

Provides a procedural overview a 2003 criminal investigation involving the Legislative Assembly of British Columbia, referring to an earlier wiretapping incident, and outlines government administrative processes, including the role of special prosecutors, and the extant procedures for handling confidential cabinet information that may have been seized.

Abstract
This research examines American police operations by Special Weapons and Tactics (SWAT) units. In this study, SWAT unit proactive search warrant deployments in Maryland over a 4-year period (2010–13) were analysed to see if they were influenced by violent crime rates, property crimes rates, vice crime rates, and the number of sworn law enforcement officers across four models (two random effects and fixed effects models). The results reveal an inverse relationship between proactive vice type arrests and SWAT unit proactive search warrant deployments. The results are discussed as they inform SWAT unit policies in a democracy.

Bill introduced by the Texas House of Representatives relating to the return of executed search warrants and the public availability of search warrant affidavits.

The Fourth Amendment to the United States Constitution prohibits "unreasonable searches and seizures," and provides that "no War-rants shall issue, but upon probable cause."' Although its language is relatively clear, the application of the Fourth Amendment has created more controversy than the application of perhaps any other constitutional amendment.' Given the questions raised by a police-endorsed practice of anticipatory search warrants,' the search and seizure debate is far from over. An anticipatory search warrant is a warrant based on a showing of probable cause that particular evidence of a crime will exist at a specific location in the future. Challenges to the validity of prospective search warrants generally focus on the absence of present probable cause. Finding that the benefits associated with this investigative device out-weigh any inherent uncertainties, most lower courts have held that the use of anticipatory search warrants under limited circumstances is not unconstitutional per se. The United States Supreme Court, however,has never addressed the constitutionality of prospective search warrants. A Supreme Court decision on anticipatory search warrants would present the opportunity to reexamine the framework of the Fourth Amendment. In theory, Fourth Amendment jurisprudence has sought to balance individual privacy interests against law enforcement interests., Recent decisions, however, have disturbed the search and seizure equilibrium by favoring the government's interest in law enforcement over individual privacy interests.'° A Supreme Court decision on anticipatory search warrants could restore the traditional balance underlying the Fourth Amendment by reexamining issues raised by prospective search warrants such as the warrant requirement" and the present probable cause inquiry. The Court also could provide much-needed guidance on broader search and seizure concerns such as the probable cause doctrine" and the exclusionary rule. Moreover, a comprehensive examination of anticipatory search ...