Such a warrantless search should lead to the exclusion of the evidence pursuant to s.24 of the Charter. |
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She believes the president has inherent constitutional authority to conduct these warrantless wiretaps. |
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The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. |
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The committee endorsed a White House-backed measure that would give President Bush broad authority for his warrantless wiretapping program. |
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As deputy, Comey would have been responsible for approving warrantless surveillance requests when the attorney general was not available. |
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However, police officers in New York are authorized to make warrantless arrests on felony charges. |
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Mr. Bush also objects to a provision that would create a committee to examine his warrantless spying program. |
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In my view, this falls within the exception permitting warrantless seizure in exigent circumstances. |
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Only the data analysis facet of the program survived and became the basis for the warrantless surveillance program. |
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Part of his campaign to get Americans on board for the warrantless wiretapping campaign and The Patriot Act. |
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He's also the guy who gave us the formerly secret warrantless eavesdropping program. |
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I have found that there was not an arbitrary detention and also that there was not a warrantless search. |
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Hayden helped develop that program is a big proponent of warrantless wiretaps of Americans. |
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Therefore, the search was in his opinion warrantless and unreasonable even though judicial authorization had been obtained. |
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Even so, I suggest, it does not follow that the warrantless search failed in any way to violate the respondent's section 8 Charter rights. |
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The bill appears to reintroduce warrantless searches which would allow police to conduct searches without proper oversight. |
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We looked into the Service's use of warrantless intercepts before the Supreme Court ruling, and were satisfied with the answers. |
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Ashcroft's immediate response to the attacks was to sink into a dark Orwellian morass of secret detentions, warrantless wiretaps, and eavesdropping on lawyers. |
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New Democrats cannot support a bill that provides for warrantless access to Canadians' private information. |
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If implemented, this proposal would make such warrantless disclosures mandatory. |
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The warrantless power to seize items will undoubtedly attract scrutiny pursuant to s.8 of the Charter. |
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In Smith v Maryland the Supreme Court upheld the warrantless collection of a criminal suspect's phone records. |
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But there have been some stunning White House reversals, like retreating from the claim the government has the authority for warrantless wiretapping. |
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No strict constructionist will find justification for warrantless searches in the Constitution. |
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Senator Graham then addressed the argument that the president has the inherent power under the Constitution to authorize the warrantless wiretapping. |
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The court expanded the scope of warrantless searches and continued to whittle away at the exclusionary rule. |
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Certainly, these issues illuminate the debate on warrantless wiretaps. |
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The House of Representatives has narrowly passed legislation a surveillance bill legislation that would govern the president's warrantless wiretapping program. |
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While there is some specific protection in some Acts, Police do not have any comprehensive protection where they are exercising warrantless powers and they do not qualify for immunities from personal liability. |
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Congress has reined in warrantless wiretapping. |
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After waiting until the end of the year, Congress rushed to extend the authorization for warrantless surveillance without debate. |
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He spent much of the day laying out his case against warrantless surveillance, deviating only briefly to address another one of his pet issues – criminal justice reform. |
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The point at which a warrantless inspection becomes an investigation requiring a search warrant is when an adversarial relationship crystallizes between the subject of the investigation and the investigator. |
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But there are exceptions, and cases have set precedents permitting warrantless searches of purses, briefcases, address books and pagers, where incoming messages might overwrite earlier ones. |
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Limited powers of warrantless searches in exigent circumstances where it is not practicable to obtain a warrant are recognized in both the Criminal Code and under the jurisprudence of the Charter of Rights and Freedoms. |
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There is no doubt that some of the communications intercepted by the NSA under this warrantless scheme set forth in FAA's section 702 include those of US citizens. |
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This became a warrantless search no longer authorized by law. |
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To note these admissions, however, was not to rule that the persons arrested were already guilty of the offenses upon which their warrantless arrests were predicated. |
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This idea of floating a warrantless search has come up before. |
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Federal licensees are required to maintain records, are subject to warrantless inspections, and are mandated to respond to trace requests within 48 hours. |
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Since the Charter of Rights and Freedoms was introduced in 1982 the courts have determined that many instances of warrantless searches and seizure were in violation of section 8 of the Charter. |
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Before FISC, presidents had claimed the prerogative of warrantless searches for national security purposes, so the court was a compromise between presidential discretion and civil liberties. |
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To ascertain whether the detention of petitioners was illegal or not, the Court looked into whether their questioned warrantless arrests were made in accordance with the law. |
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For instance, evidence obtained by warrantless surveillance, possibly in direct contravention of domestic law, may be used in terrorism cases, either on its own or through indirect hearsay testimony. |
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These disappearances were allegedly preceded by warrantless or arbitrary arrests and detention then followed by interrogation and, possibly, torture, in suspected secret detention places. |
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