(61) Further, the court held the warrant invalid as an unconstitutional
general warrant because the check boxes allowed the police to bypass the particularity requirement (62) and search for items for which they had no probable cause.
recovered evidence were the fruits of an unreasonable
general warrant.
Schock said the prior policy that did not require a specific reason to prompt an inspection was akin to a
general warrant.
With Robert Mueller currently on a
general warrant (an illegal, unconstitutional authority) fishing expedition intended to take down a President, consideration of the history of prosecutorial misconduct is especially timely.
it shall be a
general warrant, or a special one--whether written or
The Supreme Court should hear Stevensons appeal and give the search-warrant requirement force by ensuring that it is not used to justify the type of
general warrant to rummage through a cache of every suspects most private thoughts, communications, activities, associations, interests, and relationships that the Fourth Amendment was designed to protect against, DeWolfe stated in the brief co-signed by Assistant Public Defenders Kiran Iyer and Katherine P.
Ross describes Hazelwood as "the equivalent of a 'get out of jail free' card for school administrators," while Tinker protects student speech and the schools' role in "perpetuating active citizens." Justice Brennan made a blistering dissent to Hazelwood's diminishing of student rights, stating that students should not be shielded from "unsuitable" or "sensitive" topics, nor should Tinker be twisted as "a
general warrant to act as 'thought police.'" Ripping the Hazelwood rationale apart, he noted that the school principal did not object to another article about sexuality, which reported on a proposal to notify parents when their children sought contraceptives.
The Court of Appeal found that the search warrant was invalid on that basis alone: Section 503 is "mandatory and cannot be overridden by the terms of a
general warrant."
Such shotgun or
general warrant is, therefore, not only illegal and invalid but is a continuing violation of human rights under the law, the Constitution and international conventions, he said.
"This is unconstitutional because it is akin to a
general warrant."
In striking that balance, courts recognize the "serious risk that every warrant for electronic information will become, in effect, a
general warrant, rendering the Fourth Amendment irrelevant." (6) They have sought to keep the particularity requirement relevant in a digital context by imposing two different restrictions.