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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.
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.
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
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 ...
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.