Arrest warrants have been issued for wikileaks founder Julian Assange. He is wanted on suspicion of rape, sexual molestation and unlawful coercion - charges he denies.
The warrants follow a
detention order issued
on Thursday by the Stockholm District Court after a request from Sweden's Director of Prosecution, Marianne Ny.
[more inside]
posted by Ahab
on Nov 21, 2010 -
216 comments
The Fourth Amendment provides, in part, that "...no Warrants shall issue, but upon probable cause." The Supreme Court has issued its (yet another) 8-0
opinion, authored by Justice Scalia in the case of
United States v. Grubbs, overturning the Ninth Circuit
decision. Justice Souter filed a
concurring opinion.
Grubbs deals with the question of anticipatory warrants, and it is the first time that the Court has addressed the practice. It appears that under this ruling, preemptive warrants can issue without existing probable cause, but merely on the supposition that probable cause will exist in the future.
Some legal scholars had
anticipated that at least the
more conservative members of the Court would rule against anticipatory warrants. After all, under
Blackstone's analysis of the common law rule that contributed to the Fourth Amendment, as noted by Professor Orin Kerr in the
NYU Journal of Law and Liberty symposium on the subject, warrants "issue" when they are signed by the judge, and not when the precedent condition occurs. Professor Chris Slobogin
disagrees. Kerr has posted a preliminary
analysis of the decision on his new
blawg. The case has
previously been
discussed by the smart people over at the
Volokh Conspiracy.
posted by Pontius Pilate
on Mar 22, 2006 -
45 comments
The Overcrowding Police Belleville inspectors and armed police officers show up without search warrants to check for occupancy code violations, and ticket people who don't let them in -- a practice experts say is unconstitutional.
.....
Invite friends over, babysit your grandchildren or allow relatives to spend the night in Belleville and you risk an armed police officer turning up at your door to search your home and give you a ticket.
Enforcement teams consisting of a housing inspector and a police officer do not obtain search warrants before showing up to check for occupancy code violations, a Belleville News-Democrat investigation found.
posted by nofundy
on Dec 13, 2002 -
14 comments
