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Bailey v. United States, 568 U.S. 186 (2013), was a United States Supreme Court case concerning search and seizure. [1] A 6–3 decision reversed the weapons conviction of a Long Island man who had been detained when police followed his vehicle after he left his apartment just before it was to be searched.
The Supreme Court's decision in Katz significantly expanded the scope of the Fourth Amendment's protections, and represented an unprecedented shift in American search and seizure jurisprudence. Many law enforcement practices that previously were not "within the view" of the Fourth Amendment—such as wiretaps on public phone wires—are now ...
The Fourth Amendment's protection against unreasonable searches and seizures extends to the length of a seizure, a federal court ruled last week, significantly restricting how long law enforcement ...
The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court.
A divided Supreme Court ruled Thursday that authorities do not have to provide a quick hearing when they seize cars and other property used in drug crimes, even when the property belongs to so ...
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 ...
In contrast, criminal forfeiture is a legal action brought as "part of the criminal prosecution of a defendant", described by the Latin term in personam, meaning "against the person", and happens when government indicts or charges the property that is either used in connection with a crime, or derived from a crime, that is suspected of being ...
On Thursday, a federal appeals court will hear about the FBI's "blatant scheme to circumvent" the Fourth Amendment. FBI Seized $86 Million From People Not Suspected of Any Crime. A Federal Court ...