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Results: 14

U.S., 4 Other Nations Call for Lawful Access to Encrypted Mobile Device Data

Following officials’ annual meeting, known as the Five Country Ministerial (FCM), it was agreed there is an “increasing gap” between the ability of police to access data and the ability to “acquire and use the content of that data” in the courts. Nations complained end-to-end encryption—used in apps such as WhatsApp and Telegram—is also used by terrorists and criminals.

September 5, 2018

Video: Illinois Officer, Gunman Shot During Search Warrant Service
Illinois Officer, Gunman Shot During Search Warrant Service

DOJ To Police: Get a Warrant for Older E-mails

The Department of Justice on Tuesday dropped its support for allowing law enforcement to review older e-mails without a warrant in testimony before the House Judiciary Committee.

March 20, 2013

How to Tell When You Need a Search Warrant

The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.

March 1, 2008

Residential Entry After Outdoors Arrest

There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.

February 1, 2008

Searching Third-Party Residences

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

August 1, 2005

Holding Back Home Occupants

When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.

May 1, 2005

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