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52-853: On 7 November 2023, the Public Prosecution Service issued a statement announcing a search, seizure and arrest operation in 42 locations, which included the office of the Prime Minister , the Ministry of the Environment and Climate Action , and the Ministry of Infrastructure . The statement Five people were apprehended, including the Prime Minister's chief of staff, Vítor Escária , and the Mayor of Sines, Nuno Mascarenhas. The Minister of Infrastructure João Galamba

104-572: A probable cause requirement. Exigent circumstances may also exist where there is a continuing danger, or where officers have a reasonable belief that people in need of assistance are present. This includes when the police are in "hot pursuit of a fleeing felon." In this circumstance, so long as there is probable cause , police may follow the suspect into a residence and seize any evidence in plain view. Certain limited searches are also allowed during an investigatory stop or incident to an arrest. These searches may be referenced as refined searches. While

156-428: A court judge or magistrate prior to any search or arrest being conducted. Probable cause requires an acceptable degree of justified suspicion. Particularity requirements are spelled out in the constitution text itself. Law enforcement compliance with those requirements is scrutinized prior to the issuance of a warrant being granted or denied by an officiating judicial authority. The primary remedy in illegal search cases

208-515: A joint venture of Davidson Kempner Capital Management and Pioneer Point Partners, announced in 2021 the plan to build the Sines 4.0 hyperscaler data centre campus in Sines. The data centre will fully run on renewable energy and will comprise nine buildings. The construction of the first building began in April 2022. According to Público , the investigation from the Public Prosecution Service that

260-427: A number of different types of legal writs to effect seizures for various reasons. For example, a writ of arrestandis bonis ne dissipentur provided for the seizure of goods when it was found likely they would not be properly cared for during a court case to settle ownership. A writ of attachiamenta bonorum allowed for the seizure of personal property to recover a debt. In relation to criminal investigations,

312-441: A renewable energy joint venture, and bought solar power projects from ACS for 2.2 billion euros ($ 2.38 billion). By 2022, it bought the 24.99 percent it did not already own for 140 million euros ($ 142.5 million). In 2021, Galp joined forces with battery developer Northvolt on Aurora, a joint venture to develop Europe’s largest lithium processing plant with a total investment of up to 700 million euros. Galp Energia, SGPS, S.A.

364-426: A suspect that he may refuse, however this policy depends on the specific rules of the department. There are also some circumstances in which a third party who has equal control, i.e. common authority, over the property may consent to a search. Another example of unreasonable search and seizure is in the court case Mapp v. Ohio . When an individual does not possess a " reasonable expectation of privacy " that society

416-592: A televised statement in the afternoon. He said he would not run again for office and would remain in caretaker duties until the next legislative elections. On 9 November, after meeting with the Council of State and talking with the political parties represented in the Assembly of the Republic , president Rebelo de Sousa announced snap elections to be held on 10 March 2024. Because the 2024 government budget debate

468-646: A unfavourable review from the evaluation commission of the Portuguese Environment Agency (APA). Nevertheless, the project was reformulated and re-submitted for evaluation and included an extensive list of measures to eliminate, mitigate, or minimise impacts. On 31 May 2023, a favourable environmental impact report was emitted by the APA, a decision that was contested by the Municipality of Boticas, environmental organisations, and some members of

520-600: Is able to exercise unlimited powers of search and seizure against private individuals. The only remedy is to seek to have whatever evidence may have been unreasonably obtained omitted from proceedings under the Evidence Act procedures. This means that in practice there is only limited protection against the use of unreasonably obtained evidence, but no protection against actual unreasonable search and seizure in New Zealand. Historically, English common law made use of

572-593: Is created as the holding company for the Portuguese State-owned oil and gas business, controlling PETROGAL and Gás de Portugal (GDP). In the same year, the process of privatization of Galp Energia is initiated. In March 2004, Galp proposed selling a 51 percent stake in Gás de Portugal to EDP ; Eni agreed to buy the remaining 49 percent. In December 2004, the European Commission blocked

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624-659: Is known as the " exclusionary rule ". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial. There are some narrow exceptions to this rule. For instance, if police officers acted in good faith—perhaps pursuant to a warrant that turned out to be invalid, but that the officers had believed valid at the time of the search—evidence may be admitted. In corporate and administrative law , there has been an evolution of Supreme Court interpretation in favor of stronger government in regards to investigatory power. In Federal Trade Commission v. American Tobacco Co. ,

676-468: Is not a talisman in whose presence the Fourth Amendment fades away and disappears." Courts have also established an " exigent circumstances " exception to the warrant requirement. "Exigent circumstances" simply means that the officers must act quickly. Typically, this is because police have a reasonable belief that evidence is in imminent danger of being removed or destroyed, but there is still

728-684: Is now known as Operation Influencer was opened after the airing of a report in the RTP investigative journalism show Sexta às 9 in April 2019. The report was about suspicions concerning the concession contract for the exploration of the Romano lithim mine in Montalegre . On 7 November 2023, the Public Prosecution Service ordered searches in seventeen private properties, five lawyer offices, and twenty public and company offices in order to investigate possible active and passive corruption and malfeasance in

780-581: Is organized into four business units, which include, Upstream, Refining & Midstream, Commercial, and Renewables & New Businesses. The company carries out these operations through four subsidiaries, including: In 2007, the European Commission fined Galp 8.7 million euros ($ 12.33 million) for playing a role in a cartel and coordinating bitumen prices in Spain, along with three other companies. In 2016, Spanish antitrust body CNMC fined

832-417: Is willing to acknowledge in a particular piece of property, any interference by the government with regard to that property is not considered a search for Fourth Amendment purposes, and a warrant is never required. For example, courts have found that a person does not possess a reasonable expectation of privacy in information transferred to a third party, such as writing on the outside of an envelope sent through

884-473: The câmara municipal of Sines, and the national headquarters of the Socialist Party . Arrest warrants were issued for António Costa 's chief of staff Vítor Escária , the Sines mayor Nuno Mascarenhas, Diogo Lacerda Machado (a lawyer and close friend of António Costa that was working with Start Campus), and two other executives from Start Campus, Afonso Salema and Rui de Oliveira Neves. According to

936-578: The European Union . In November 2020, there were reports that Portugal's Public Prosecution Service was heavily scrutinising the relationships between members of the government and members of the private companies that were part of the consortium in charge of the project. Pedro Siza Vieira , Minister of State, Economy, and Digital Transition, and João Galamba were then allegedly being investigated over traffic of influence and corruption , amongst other economical-financial crimes. Start Campus,

988-531: The Supreme Court ruled that the FTC, while having been granted a broad subpoena power, did not have the right to a general " fishing expedition " into the private papers, to search both relevant and irrelevant, hoping that something would come up. Justice Holmes ruled that this would go against "the spirit and the letter" of the Fourth Amendment. In the 1946 case of Oklahoma Press Pub. Co. v. Walling , there

1040-531: The 1960s, it was also participating in the exploration for hydrocarbons. In 1957, SACOR participated in the establishment of another oil company, MOÇACOR, in the Portuguese overseas province of Mozambique . After the Carnation Revolution 25 in April 1974, Portugal gave independence to its overseas provinces, with the ownership of the local SACOR branches being ceded to the new countries. SACOR

1092-504: The Romano mine, in the municipality of Montalegre . The authorisation for the concession was granted by then Secretary of State of Energy João Galamba and then Minister of the Environment João Pedro Matos Fernandes . The company announced a mixed exploration project, with an initial phase of open-air mining , later turning into underground mining, and the construction of a refinery . Prospection of

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1144-610: The São Bento Mansion, hidden in books and wine boxes. When asked about this, his lawyer assured that the money found is not illegal. António Costa sacked Escária after learning about the money found in his office, replacing him with Tiago Vasconcelos. The money in his office was later proven to have no relation to the lithium and green hydrogen deals. On 13 November 2023, the five defendants who were arrested as part of Operation Influencer were allowed to wait for their trial in freedom. Escária had to surrender his passport and

1196-507: The cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws." Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates this right into New Zealand law , stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of

1248-544: The constitutional protections created in order to protect the rights of private individuals. US specific: Galp Energia Galp Energia, SGPS, S.A. is a Portuguese multinational energy corporation , headquartered in Lisbon , Portugal . Galp consists of more than 100 companies engaged in every aspect of the oil and natural gas supply, hydrocarbon exploration and production ; refining , trading, logistics and retailing; co-generation and renewable energy . Galp

1300-410: The crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy . Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of

1352-901: The deals regarding the Romano mine in Montalegre , the Barroso mine in Boticas , and the H2Sines and the Sines 4.0 data centre projects in Sines . The public offices raided included the office of the Prime Minister's chief of staff in the São Bento Mansion (official residence of the Prime Minister), the Ministry of Infrastructure, the Ministry of Environment and Climate Action, the State Secretariat of Energy and Climate,

1404-540: The interpretations of the U.S. Supreme Court are binding on all federal courts interpreting the U.S. Constitution, there is some variance in the specifics from state to state, for two reasons. First, if an issue has not been decided by the U.S. Supreme Court, then a lower court makes a ruling of "first impression" on the issue, and sometimes two different lower courts will reach different interpretations. Second, virtually all state constitutions also contain provisions regarding search and seizure. Those provisions cannot reduce

1456-405: The investigations and is advancing towards the execution phase. Search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to

1508-464: The language of the fourth amendment that the people are to be "secure ... against unreasonable searches and seizures". For instance, the owner of the property in question may consent to the search . The consent must be voluntary, but there is no clear test to determine whether or not it is; rather, a court will consider the " totality of the circumstances " in assessing whether consent was voluntary. Police officers are not technically required to advise

1560-558: The lithium mine project to UNESCO alleging a "severe threat to the agricultural system of the Barroso region ". In December 2019, the Municipal Assembly of Boticas approved a motion against the lithium mining in the municipality, alleging "irreversible damage" in the landscape and livelihood of the populations. In June 2020, Savannah Lithium submitted an environmental impact report for the Barroso mine, which received in 2022

1612-471: The local population. The H2Sines is a project for an industrial cluster in the port city of Sines for production of green hydrogen , backed by several companies in the energy sector, including EDP , Galp , REN , Martifer , and Vestas . In July 2020, the H2Sines project was selected by the Portuguese government for application to the status of Important Project of Common European Interest (IPCEI) in

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1664-575: The mail or left for pick-up in an area where others might view it. While that does not mean that the person has no reasonable expectation of privacy in the contents of that envelope, the Court has held that one does not possess a reasonable expectation of privacy that society is willing to acknowledge in the contents of garbage left outside the curtilage of a home. There is also a lowered expectation of privacy inside of motor vehicles. However, Coolidge v. New Hampshire dictates that "the word 'automobile'

1716-494: The minimal measured requirements of the following four doctrines are likely to stand unchallenged in court. Those qualifying doctrines are reasonableness, probable cause, judicial authority, and particularity. While police judgment just before or during the course of a search or arrest usually provides the factors that determine reasonableness, matters of probable cause, judicial authority, and particularity requirements are commonly met through police procedures that are overseen by

1768-518: The other "seizures". A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. A seizure of property occurs where there is some meaningful interference with an individual's possessory interests in that property. The general rule under the United States Constitution is that a valid warrant is required for a search. There are, however, several exceptions to this rule, based on

1820-567: The owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule . In Italy protection from search and seizure is enshrined in Article 14 of the Constitution , which states: "The home is inviolable. Home inspections, searches, or seizures shall not be admissible save in

1872-558: The person, property, or correspondence or otherwise." While the NZBORA 1990 establishes the overall right to be free from unreasonable search and seizure the Search and Surveillance Act 2012 provides the statutory framework for the practical application of the law in this area in New Zealand. The right to protection from unreasonable search and seizure is routinely ignored by the State, which

1924-557: The place to be searched, and the persons or things to be seized. The text of the amendment is brief, and most of the law determining what constitutes an unlawful search and seizure is found in court rulings. The brief definitions of the terms "search" and "seizure" was concisely summarized in United States v. Jacobsen , which said that the Fourth Amendment: protects two types of expectations, one involving "searches",

1976-616: The police have a range of powers to search people and places without first making an arrest , often described as "stop and search". The United Kingdom has several different legal systems and the powers and procedure for stop and search varies depending on the jurisdiction: The Fourth Amendment of the United States Constitution states that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing

2028-472: The prime minister, is the target of an autonomous investigation by Portugal's Supreme Court of Justice over suspicions of intervening in the unblocking of procedures regarding the lithium mines and green hydrogen plant deals. The investigation was officially named Operation Influencer by the Public Prosecution Service on 9 November 2023. 78,000 euros in cash were found in Vítor Escária's office in

2080-418: The prosecutor's office, the arrests were made because they represented a flight risk and to protect evidence. João Galamba , the infrastructure minister, and Nuno Lacasta, president of the APA, are formal suspects. On 9 November, João Tiago Silveira, a former Secretary of State in past Socialist Party governments, was added to the list of formal suspects; there is a total of nine formal suspects. António Costa,

2132-401: The prosecutors admitted several mistakes, including confusion between the names of António Costa and then Minister of Economy António Costa Silva in the transcript of a wiretap . On 28 March 2019, a concession agreement was signed between the Portuguese government and Lusorecursos Portugal Lithium, a company established three days prior to the contract signing, for lithium extraction in

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2184-416: The protections offered by the U.S. Constitution, but they can provide additional protections such that a search deemed "reasonable" under the U.S. Constitution might nonetheless be unreasonable under the law of a particular state. There are several areas of analysis that courts use to determine whether a search has encroached upon constitutional protections. Only those searches that meet with certainty each of

2236-418: The region in the prior years revealed a deposit of 30 million tons of lithium. The local population was opposed to the project, citing concerns over the open-air exploration, the size of the mine, and its environmental, health, and agricultural consequences. On 7 September 2019, the Portuguese Environment Agency (APA, Portuguese: Agência Portuguesa do Ambiente) released an environmental impact report that

2288-861: The transaction. Galp Energia's initial public offering on the Lisbon Stock Exchange took place in the second half of 2007. In 2007, Galp bought Eni’s operations for marketing oil products in Portugal and Spain. In 2011, talks between Eni and Petrobras for the latter to buy Eni's 33.3 percent stake in Galp collapsed over the price of the stake. From 2012 to 2014, Eni continuously reduced its stake in Galp. In 2016, Galp and Petrobras broadened an existing cooperation accord to include offshore oil research and development projects and exploration and production partnerships. In 2020, Galp partnered with Spanish engineering firm ACS to create Titan Solar,

2340-538: Was a distinction made between a "figurative or constructive search" and an actual search and seizure. The court held that constructive searches are limited by the Fourth Amendment , where actual search and seizure requires a warrant based on “ probable cause ”. In the case of a constructive search where the records and papers sought are of corporate character, the court held that the Fourth Amendment does not apply, since corporations are not entitled to all

2392-434: Was also prohibited to leave Portugal. On 14 November, Escária announced that he was going to appeal against the coercive measures imposed on him. The announcement of the investigations on 7 November 2023 caused immediate political turmoil, with some opposition parties asking for the resignations of João Galamba and António Costa . Costa met with president Marcelo Rebelo de Sousa twice before announcing his resignation in

2444-608: Was favorable to the project. Several legal actions in late 2019 and subsequent environmental impact reports by the Avaliação de Impacte Ambiental stalled the project. The concession contract for the mined production of lithium in the Barroso mine, in Boticas , was signed on 22 February 2017 between Savannah Lithium and the Directorate-General of Energy and Geology (DGEG, Portuguese: Direção-Geral de Energia e Geologia ). In June 2019, Portuguese ENGO Quercus denounced

2496-496: Was founded in 1999 through the merger of Petrogal, Gás de Portugal and Transgás. As of 2020, it is the largest oil and gas group in Portugal, where it distributes gas and sells petrol. Galp can trace its origins back to 1848 and the installation of Lisbon's first gas street lamps, but the current incarnation was formed through the merger of Petrogal, Gás de Portugal and Transgás, on April 22, 1999. The main historical business components include SACOR, CIDLA, SONAP and PETROSUL. SACOR

2548-553: Was named a formal suspect ( arguido ) and Prime Minister António Costa became the subject of a separate inquiry by the country's Supreme Court of Justice . The announcement of the operation led to the resignations of Costa and Galamba, and the fall of the XXIII Constitutional Government of Portugal . It was the first time that the Portuguese government was brought down by a criminal investigation. The investigation has since attracted criticism after

2600-455: Was nationalized in 1975 by the new Portuguese regime . In April 1976, Petróleos de Portugal (PETROGAL) was formed by the merger of SACOR with three other nationalized oil companies (CIDLA, SONAP and PETROSUL). In the same year, the brand GALP is created as the trademark for the PETROGAL products, with the initial version of its famous "G" logo being launched in 1978. In 1999, Galp Energia

2652-587: Was one of the first Portuguese oil companies. In 1954, SACOR's activities extended to Portugal's overseas territories ; 80% of the gasoline , kerosene , and gasoil transported into the Portuguese overseas province of Angola had to be refined on continental Portugal 's territory. The Portuguese discovered oil in their overseas province of Angola in the 1950s. SACOR set up the Sociedade de Lubrificantes e Combustíveis ( ANGOL ) in 1953 as its branch in Angola. By

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2704-408: Was still underway in the parliament and by law elections need to be held within 60 days of the dissolution of the parliament, president Rebelo de Sousa opted for dissolving the parliament after the final vote on the 2024 budget bill due on 29 November. On 13 November, João Galamba resigned from his position of Minister of Infrastructure. The project for the Barroso mine in Boticas was not affected by

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