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Federal search warrants may be prepared on Form AO 93, Search and Seizure Warrant. [13] Although the laws are broadly similar, each state has its own laws and rules of procedure governing the issuance of warrants. Search warrants are normally available to the public. On the other hand, they may be sealed if they contain sensitive information. [14]
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.
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.
Police must obtain a warrant in order to search digital information on a cell phone seized from an individual who has been arrested. Burwell v. Hobby Lobby Stores, Inc. 573 U.S. 682 (2014) 2014-06-30 Closely held, for-profit corporations have free exercise rights under the Religious Freedom Restoration Act of 1993.
The form of an information is prescribed by the Criminal Code. [4] Informations are to be drafted using Form 2 for both indictable matters [5] and summary matters. [6] An information must be sworn by the informant, who is normally a peace officer. The informant then must lay the information before a justice of the peace.
A search warrant is required to obtain the contents of an unread electronic communication that has been in storage for 180 days or less. [7] A search warrant, a subpoena with notice, or court order meeting certain specifications is required to obtain the contents of an unread electronic communication in storage for more than 180 days, or a read ...
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The use of the FD-302 has been criticized as a form of institutionalized perjury due to FBI guidelines that prohibit recordings of interviews. Prominent defense lawyers and former FBI agents have stated that they believe that the method of interviewing by the FBI is designed to expose interviewees to potential perjury or false statement criminal charges when the interviewee is deposed in a ...