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Search And Seizure

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CALIFORNIA | LOCAL
August 19, 2003 | From a Times Staff Writer
Investigators served a search warrant Monday night on the Lakewood home of Bruce Koklich, who faces a second trial next month on charges that he murdered his wife, the daughter of the late state Sen. Paul Carpenter. Koklich, 44, who is free on $1-million bail, allowed sheriff's homicide and crime-scene investigators inside the home on Fairway Drive, Lt. Ray Peavy said. They planned to look for potential evidence in the case, Peavy said, but he did not specify what.
ARTICLES BY DATE
OPINION
February 7, 2013
This week it was announced that DNA testing of bones found buried beneath a parking lot in Leicester, England, had established that they belonged to King Richard III, who was killed in battle in 1485. Researchers were able to match DNA recovered from the skeleton with that of a living descendant of the much-vilified monarch's sister. The find was just the latest reminder of the immense power of DNA evidence, power that is expanding history and criminal justice but that also is subject to misuse.
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NEWS
February 21, 1990 | DAVID G. SAVAGE, TIMES STAFF WRITER
A person stopped on the street by police, questioned and ordered to produce identification has not been seized but is merely engaged in a "consensual encounter," according to an Orange County ruling left standing Tuesday by the U.S. Supreme Court. The high court dismissed without comment or dissent an appeal of a ruling by a state Court of Appeal in Orange County upholding the October, 1986, arrest for cocaine possession of Servando Lopez on a Santa Ana street.
CALIFORNIA | LOCAL
July 18, 2012 | By Maura Dolan, Los Angeles Times
A Los Angeles ordinance that requires hotel owners to keep guest registries and permit police to inspect them without a search warrant does not violate the constitutional rights of the owners, a divided federal appeals court ruled Tuesday. A panel of the U.S. 9th Circuit Court of Appeals ruled 2 to 1 against a motel owner whose guest registries had been searched by Los Angeles police without consent. Judge Richard R. Clifton, writing for the majority, said hotel guests have no legal right to expect registries will be kept private, and the owners failed to prove the searches violated their 4th Amendment protections from unreasonable searches.
NEWS
November 6, 1988
A federal judge in San Francisco struck down the Reagan Administration's plan for a random drug-testing program for the nation's 3,800 National Weather Service meteorologists. U.S. District Court Judge Robert Schnacke said the testing plan was overly broad and violated the Fourth Amendment prohibition against unreasonable search and seizure.
NEWS
January 15, 1987
The U.S. Customs Service cannot impose drug tests on its 9,000 employees while the issue is being appealed, a federal appeals court ruled. The U.S. 5th Circuit Court of Appeals rejected a government request to block a lower court order banning drug tests of customs workers pending the appeal. The appeals court will hear arguments in the case the week of Feb. 2, a court spokesman said. Customs is appealing a Nov.
NEWS
December 1, 1989 | From Times Staff and Wire Reports
A divided Florida Supreme Court declared random drug searches of commercial buses unconstitutional, saying the practice invited comparisons to Nazi Germany and communist countries. The court, in a 4-3 decision that overturned six drug convictions, said the practice violated state and federal constitutional protections against unlawful search and seizure, even though the goal--stopping the flow of illegal drugs--was admirable.
NEWS
March 29, 2001 | From Times Wire Reports
Miami-Dade County has sued the state, contending it violated the U.S. Constitution when it cut down healthy trees believed to be exposed to citrus canker. The suit, filed in Miami-Dade Circuit Court, said that Florida violated the 4th Amendment's search and seizure rules by letting workers enter yards and take the trees without a warrant. The suit cited a 1967 U.S. Supreme Court case that barred building inspectors from checking fire code violations without a warrant.
CALIFORNIA | LOCAL
March 2, 1990 | TED JOHNSON, TIMES STAFF WRITER
Ruling that a Santa Ana couple had a "reasonable expectation of privacy" in their back yard, the U.S. 9th Circuit Court of Appeals decided Thursday that police conducted an improper search and seizure of two automobiles that they owned. The judges, sitting in Pasadena, ruled 2 to 1 that the city violated 4th Amendment rights against unreasonable search and seizure because it did not obtain warrants to search the property. Dale and Linda Conner were awarded $71,000 in damages.
NEWS
September 21, 1991 | Associated Press
The American Civil Liberties Union filed a lawsuit in U.S. District Court on Friday challenging the constitutionality of an anti-crime program that allows police to stop anyone on the street for questioning. Police have saturated five neighborhoods since Operation Active Criminal Eviction started, making 235 felony arrests and seizing 278 doses of crack cocaine, officials say. A record 101 homicides have been reported in the city this year.
CALIFORNIA | LOCAL
February 24, 2012 | By Carol J. Williams, Los Angeles Times
Law enforcement officers may take a DNA sample from anyone arrested on a felony charge without running afoul of the suspect's right to be free from unreasonable search and seizure, a divided federal appeals court ruled Thursday. The challenge brought by a group of Californians arrested for alleged felonies but never convicted upheld a 2004 amendment to the state's laws governing DNA collection and use. In a 2-1 ruling, a panel of the U.S. 9th Circuit Court of Appeals compared taking an oral swab from a suspect with fingerprinting arrestees, a decades-old booking practice consistently upheld by the courts as a legitimate identification aid. "We assess the constitutionality of the 2004 amendment by considering the 'totality of the circumstances,' balancing the arrestees' privacy interests against the government's need for the DNA samples," said the opinion written by Judge Milan D. Smith Jr. "DNA analysis is an extraordinarily effective tool for law enforcement officials to identify arrestees, solve past crimes, and exonerate innocent suspects," wrote Smith, who was named to the court by President George W. Bush, in an opinion joined by a visiting Tennessee judge appointed by President Reagan.
CALIFORNIA | LOCAL
September 10, 2009 | Molly Hennessy-Fiske
Investigators searched several properties owned by a client of accused kidnapper Phillip Garrido on Wednesday, seizing a computer and other items, a Contra Costa County sheriff's spokesman said. Garrido, 58, and wife Nancy, 54, were arrested Aug. 26 and remain jailed in El Dorado County on kidnapping and rape charges in connection with the 1991 kidnapping of 11-year-old Jaycee Lee Dugard, with whom Garrido allegedly had two daughters. Investigators searched three properties in Pittsburg, Bay Point and Pleasant Hill near the city of Antioch, Calif.
WORLD
June 23, 2009 | David Zucchino and Laura King
The new U.S. military commander in Afghanistan will limit the use of airstrikes in order to help cut down on civilian casualties, his chief spokesman said Monday. In a "tactical directive" to be issued in coming days, Army Gen. Stanley A. McChrystal has ordered new operational standards, including refraining from firing on structures where insurgents may have taken refuge among civilians unless Western or allied troops are in imminent danger, said spokesman Navy Rear Adm. Gregory J. Smith.
CALIFORNIA | LOCAL
March 14, 2009 | Carol J. Williams
Did a sheriff's deputy violate the constitutional rights -- and derail the professional golf career -- of a Rancho Palos Verdes man when she raided his home in search of evidence to convict his parents of pimping and prostitution? A U.S. District Court jury thought so two years ago when it ordered Los Angeles County Sheriff's Sgt. Angela Walton to pay $80,000 in damages to Kim L. Johnson and $100 to his aunt, Sun Min Lee, who was subjected to what the court then deemed an unreasonable intrusion.
OPINION
January 27, 2009
The U.S. Supreme Court has again undermined the only realistic protection against illegal searches and seizures: the ban on using tainted evidence at trial. The 5-4 decision in an Alabama case is doubly ominous for California, where misguided ballot initiatives have forbidden state courts from adopting stricter standards for the use of illegal evidence than federal courts require. The justices upheld drug and gun charges against Bennie D.
CALIFORNIA | LOCAL
December 19, 2008 | Richard Winton and Cara Mia DiMassa
Los Angeles police officers face significant restrictions on how they search and detain people under a settlement announced Thursday in a long-running case involving the rights of the homeless on skid row. The agreement comes 18 months after a federal judge found that the Los Angeles Police Department was unconstitutionally searching homeless people in the skid row area as part of Chief William J. Bratton's crackdown on downtown crime.
NEWS
June 15, 1990 | From Times Staff and Wire Reports
A federal judge in Miami demanded that prosecutors in Manuel A. Noriega's drug case justify their seizure of all his assets, saying failure to do so violates the deposed Panamanian leader's constitutional rights. U.S. District Judge William Hoeveler rejected the government's claim that the seizures, which involved treaties with third countries, were not subject to judicial review.
NEWS
March 21, 1990 | From Times Staff and Wire Reports
A California state appellate court upheld the state's 1986 involuntary AIDS blood test initiative for criminal suspects who attack police and health workers. The 1st District Court of Appeal ruled that the voter-approved initiative, Proposition 96, does not violate California's constitutional privacy protections or federal protections against illegal search and seizure.
CALIFORNIA | LOCAL
November 20, 2008 | Steve Hymon
Passengers at Union Station were subjected to a search of their bags Wednesday afternoon before boarding Metrolink trains. Sheriff's deputies and Transportation Security Administration officers were conducting the searches. Metrolink received a federal grant earlier this year to do the searches and left fliers for passengers telling them that they would begin soon. At the time, agency officials said that the searches were not in response to any specific threats, but instead were being done as an overall push to tighten security, as other rail carriers have done.
CALIFORNIA | LOCAL
October 16, 2008 | From the Associated Press
The board of the Del Mar Fairgrounds has approved pat-down searches at reggae concerts after complaints about marijuana and tobacco use during a Ziggy Marley show earlier this year at the San Diego County Fair. The San Diego Union-Tribune reported Wednesday that the fairgrounds' board of directors voted to approve the searches only at reggae concerts. It also approved a ban on smoking at the fair. The 22nd District Agricultural Assn., which governs the state-owned fairgrounds, also approved restricting reggae shows to adults 21 and older and requiring reggae artists to sign a contract prohibiting the promotion of drugs while at the fairgrounds.
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