Search Orders
- ISBN-10
- 187751196X
- ISBN-13
- 9781877511967
- Category
- Searches and seizures
- Pages
- 362
- Language
- English
- Published
- 2011
- Author
- John Katz
Description
Search Orders (or Anton Piller Orders as they were originally titled and remained known for some 35 years) represent a highly invasive and draconian use of the Court’s powers in its civil jurisdiction. They direct an owner or occupier of premises to permit, without any prior notice whatever, another person or group of persons to enter private, business or residential premises and seize property and take it away for safe keeping and analysis. They have been regarded as at the extreme outer limits of the Court’s jurisdictions, as with freezing (Mareva) orders.Developed in England in the early to mid 1970s they became accepted as part of the armoury of commercial and intellectual property litigators in all common law jurisdictions around the world including New Zealand.In most of those jurisdictions the rules of practice and procedure applicable to search orders were developed incrementally and engrafted on to existing rules of Court dealing with discovery and preservation of property. Gradually codification occurred and almost without exception the jurisdiction is now specifically recognised in bespoke rules of Court. Written by an internationally renowned author with almost 40 years experience Search Orders is a practical guidance handbook on search orders, ancillary orders and practice and procedure generally.The book covers: requirements; jurisdiction; procedure; obligations of good faith and full disclosure; undertakings; third party issues; ancillary orders; no departure orders; execution; compliance and costs amongst other relevant matters. It also includes sample forms and precedents.
Get the book
Similar books
-
The Evolution of the Fourth Amendment
By Thomas McInnisFor examples of people who have criticized Terry or its application by lower courts see, Thomas K. Clancy, “Protective Searches, Pat-Downs, or Frisks?: The Scope of the Permissible Intrusion to Ascertain if a Detained Person is Armed,” ...
-
The Fourth Amendment
By Paula Angle Franklin1973 Roe v . Wade . Supreme Court declares that the right to privacy protects a woman's right to end pregnancy by abortion under specified circumstances . 1976 Gregg v . Georgia . Supreme Court rules that the death penalty is to be ...
-
Privacy in Peril: Hunter V Southam and the Drift from Reasonablesearch Protections
By Richard Jochelson, David IrelandYet, even as it demonstrates that the core principles of Dickson's vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter ...
-
Privacy in Peril: Hunter V Southam and the Drift from Reasonable Search Protections
By Richard Jochelson" The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision.
-
Significant Cases in Criminal Procedure
By Craig Hemmens, John L. Worrall, Alan ThompsonThis text is one of three books in the Criminal Justice Case Briefs series, each of which provides a summary and analysis of leading cases in a particular area of criminal justice: criminal procedure law, corrections law, or juvenile law.
-
Texas Search and Seizure - Fifth Edition
By Robert R. BartonTexas peace officer, has the powers of arrest, search and seizure as to any offense under the laws of Texas committed within the National Forest System. “National Forest System” means “all national forest lands reserved or withdrawn ...
-
Texas Search and Seizure - Sixth Edition
By Judge Robert R. Barton299 This provision does not require that the officer's authority to arrestb be prescribed by Texas law. It requires only that the offense exist under Texas law and that the offense be committed within the National Forest System.
-
Search Warrant Law Deskbook
By John M. BurkhoffSearch Warrant Law Deskbook
-
Search and Seizure Law of NYS - 2nd Ed: Street Encounters
By Chief Michael Ranalli, Michael D. RanalliGain the functional understanding you need to use search & seizure laws thoroughly, effectively and legally. This extremely current edition is the key to developing a solid grasp of the...
-
Income Tax Enforcement, Compliance, and Administration
By Corporate Management Tax Conference $Income Tax Enforcement, Compliance, and Administration