Civil Law

Anatomy of a fraud series – Powers afforded by search and imaging orders

Search orders

Search orders are a form of interim, mandatory injunction which require a respondent to allow the applicant’s representatives to enter the respondent’s premises and search for, copy and remove documents or material for the purpose of preserving evidence and/or property which is or may be subject to an action. 

Search orders are, therefore, considered to be one of the most draconian orders a court can make, and particularly so as a respondent may be held in contempt of … Read the rest

Supreme Court

One police officer opens a car door, and another looks inside. Did they search without a warrant?

One police officer opens a car door, and another looks inside. Did they search without a warrant?

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A police officer who opens a car door and looks inside, without permission, probable cause, or a search warrant, violates the Fourth Amendment’s ban on “unreasonable searches.” This week, we highlight cert petitions that ask the court to consider, among other things, whether two officers likewise commit a search when … Read the rest

Supreme Court

What level of suspicion do police need to enter a home without a search warrant for an arrest?

What level of suspicion do police need to enter a home without a search warrant for an arrest?

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

It is unconstitutional for police to enter a home without a warrant to arrest someone if they do not have “reason to believe” the suspect is in the home. This week, we highlight cert petitions that ask the court to consider, among other things, whether that standard is equal to … Read the rest