Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

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130 views

Can police search people and vehicles on my property based on third-party report of drug use?

Someone called the police to report someone doing drugs in a vehicle on my property. What right does the officer have to ask questions and search people and vehicles?
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1answer
189 views

Can a police officer enter with no warrant or cause, and must I comply with orders if one does?

This is a hypothetical question. I am in my garage on a Saturday reloading ammunition and cleaning several guns for a range trip the next day. It is hot and I had the large garage door open. As ...
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1answer
110 views

Do drivers have a right to remain in their vehicle? [duplicate]

If stopped by a police officer, do drivers have a right to remain in their vehicle? I’m unable to find any specific RCW regulation for Washington state. I feel that a person, not the subject of ...
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1answer
188 views

Is it illegal to have two over-the-counter pills in the same jar?

Is it illegal to have two over-the-counter (Tylenol and Ibuprofen) pills in the same jar? A cop at the Washington County Sheriff's Office in Bartlesville Oklahoma USA one time took a jar from me ...
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1answer
112 views

Can a search based on evidence obtained illegally be a legal search?

I was watching a TV programme last night and the main characters broke into a building to look for something however they didn't find anything. While receiving a dressing-down for their actions from a ...
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2answers
172 views

Oregon v Newcomb: warrantless searches for animal welfare

Oregon v. Newcomb: A dog is personal property under Oregon law. However, Oregon law simultaneously limits ownership and possessory rights in ways that it does not for inanimate property. Live ...
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2answers
157 views

Can this scheme be used to avoid forced disclosure?

Summary: Possible way to avoid the requirements of giving away the decryption key. Will this work? Many countries have laws forcing citizens to decrypt their private data if they are being suspected ...
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1answer
230 views

How do I authenticate that a warrant and its bearers are authentic?

Questions... How can I tell if the warrant is authentic and authorized by an authentic court? How can I identify that the persons approaching me with the warrant are indeed authorized law enforcement ...
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1answer
70 views

Did Ms. Mapp have a right to take the search warrant?

In Mapp v. Ohio: She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of the officers. She grabbed the "warrant" and placed it in her bosom. A struggle ...
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2answers
124 views

Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states [duplicate]

Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any ...
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1answer
97 views

Get Officers Information From Warrent [duplicate]

If an officer has a warrant to investigate is it possible for a citizen to get details of that warrant including finding where those officers are? What judge enabled them?
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1answer
220 views

During a traffic stop, does silence serve as probable cause for arrest and search?

Jurisdiction: Anywhere United States Valid driver license is provided during the stop, along with insurance and registration as required by the traffic code. Fifth Amendment provides a right ...
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1answer
105 views

Had a lapel/audio device during work in event a private perosnal issue arose

Basics, Self bought, owned lapel camera with audio capability. Never used it illegally aware of the laws and open records act etc if you use a device for work related purposes. It was for self ...
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3answers
145 views

How is it possible to be on the wrong end of civil forfeiture while not engaging in criminal activity?

How is it possible to be on the wrong end of civil forfeiture while not engaging in criminal activity? I'd like to understand this because, tools that victimize or even put the public at risk seem ...
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1answer
104 views

Can you selectively consent to searches?

Often I'll go for takeout and they'll hand me my food in an paper bag. There's nothing wrong with this, but I tend to feel suspicious walking down the street with this unmarked brown paper bag. If a ...
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3answers
137 views

Does the oath to “defend the Constitution” impose any extra responsibility on Judges?

As per Article Six of the United States Constitution, ... all ... judicial Officers shall be bound by Oath or Affirmation, to support this Constitution ... (the text is codified in 5 U.S. Code § ...
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2answers
635 views

Is stolen property being seen on my property grounds for a search warrant?

So this happened a few years ago in a college town in California. A police officer came to the door of the house I was living in, and told us that someone had stolen a large theta from the front of a ...
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1answer
186 views

How can a person get copies of search warrants?

How are search warrants filed in Massachusetts? I assume they are public records. Are they filed at the county level? So, a person wanting to see who was getting searched in his neighborhood would go ...
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1answer
207 views

If police don't know which apartment has criminal evidence, can they search all of them?

Suppose the police have probable cause that there is evidence of a crime in an apartment that is part of a complex, but they can't figure out which apartment it is. Can they search all of them with a ...
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2answers
272 views

Can a Presidential pardon nullify a search warrant?

Where the US government has seized private property pursuant to a search warrant in a criminal investigation, what would happen to that property if the President were to pardon the suspect(s) under ...
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2answers
2k views

Are search warrants public records?

Are search warrants public records? Does it matter whether an investigation ended up resulting in a prosecution? If so, does it matter whether the case goes to trial? If so, does it matter whether the ...
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2answers
204 views

can the location of a smart phone at the time of arrest negate a suspects protection against unreasonable search and seizures?

Incident Background Info: 1. In 2015 A suspect is arrested, and is in possession of a Smart Phone which is locked, and needs a password to gain access. 2. Suspect is pulled over for speeding, and a ...
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2answers
4k views

Do the police need probable cause or a search warrant to search a rental car being driven by someone who didnt rent the vehicle?

I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to ...
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1answer
366 views

Who can give the police consent to search my property?

If the police want to obtain consent to perform a search of a property, who do they have to obtain it from? Can my friend who doesn't legally own the house, or pay rent, but is just staying with me ...
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2answers
215 views

Why cops, in this case, didn't simply seize the stereo?

https://en.wikipedia.org/wiki/Arizona_v._Hicks I look at this case. A cop saw expensive stereo. The cop check the serial number and found that the stereo was stolen. The cop move the stereo a bit ...
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1answer
111 views

Hot water has been stolen, what to do now?

US, Arizona, if the city is important I will post but would rather not at this time. My dad moved into a condo some months back. For some reason he thought the upstairs neighbor might be plugged into ...
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1answer
66 views

Does the 4th Amendment have a Miranda-like precedent?

The Supreme Court decided in Miranda v. Arizona that people had to be told their rights under the 5th and 6th Amendments, since if people don't know that they have those rights, they don't really ...
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1answer
165 views

Can someone legally withhold showing their arms to a school counselor?

Here's a scenario I've always been curious about. Suppose that a 15-year-old high school student in Oregon, USA, is called into the counselor's office because he was reported for having scars on his ...
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2answers
646 views

Evidence found during police search of incorrect address listed on search warrant

A warehouse is a single structure with several divided units separated by concrete walls. These units have different sequential addresses; 1000 Fake St (unit A) 1001 Fake St (unit B) 1002 Fake St (...
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1answer
2k views

illegally aquired information in Sweden

In Sweden can information illegally acquired by an unconnected person be used in the prosecution of crimes? Say a person stole a laptop, found evidence of illegal activity on it and gave it to the ...
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3answers
12k views

Can you refuse to show ID and give information to Border Patrol agents when not at a international border?

There are hundreds of videos on YouTube filmed by drivers who refuse to show ID or give information to Border Control agents at interior (non-international border) checkpoints (permanent or ...
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3answers
310 views

Can my parent consent to allow my school to search me?

I am 16 and the situation was that I was making a map of my school's security cameras (I was pretty bored) and one of my teachers saw me working on it and reported it to the school authorities. They ...
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1answer
170 views

Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
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1answer
2k views

Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
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1answer
322 views

If I do not password protect my phone, do I forfeit reasonable expectation of privacy?

Let's say I am arrested and I have a smartphone in my possession. A police officer cannot, without a warrant, seize my phone, unlock it and go through my pictures, messages, etc. The US Supreme Court ...
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2answers
185 views

Do officers need to go to court to obtain a warrant?

I'm interested in learning about the logistical process of obtaining a warrant. So far, what I keep reading is that in order to obtain a warrant, officers need to convince a judge or magistrate that ...
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2answers
511 views

Are cops allowed to search my car without asking for my ID first?

Recently, I was pulled over for not using my blinker to pull out of a gas station late at night. In reality, it was an excuse to question me and search my car by a department that had never pulled me ...
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109 views

Seizure Without a Warrant

Can the police in California seize your car (i.e. tow it from where it's parked) without a warrant?
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2answers
1k views

How long can the police hold a car that they're using for evidence?

My friend is going through the following in California: She purchased a car roughly three years ago and uses it for everyday tasks. The police towed her car and told her that it was possibly used in ...
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0answers
61 views

How is digital property protected by the fourth amendment?

I recently watched a documentary called Deep Web. It featured the drug market on the deep web and the arrest and trial of Ross Ulbricht. He was indicted on charges for drug trafficking over the deep ...
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1answer
134 views

Use of anonymous informants to obtain search warrants

In the United States is it commonly accepted by judges to issue search warrants based on anonymous tips or unidentified informants? The reason I ask is that the 4th ammendment to the US Constitution ...
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2answers
68 views

Regulations of Tempest protection of buildings

Tempest devices could via intercepting from far away the electro-magnetic waves coming out from one's computer detect what one does on the computer. Employing the Faraday cage principle, one could ...
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1answer
253 views

What is the scope of a warrant in a shared apartment?

I live in a shared apartment in Virginia, USA with three other people. One of them is suspected in a criminal proceeding (that I am not involved with at all). I have no doubt that the police could ...
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1answer
74 views

School Search Laws

Consider a situation in a US public school where a bystander/observer of a fight records that fight with their cell phone. If the fight was interrupted by a person of authority, is that person of ...
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1answer
449 views

If an officer has a warrant to collect an electronic device, can the owner insist it's turned off first?

Another theoretical question just out of curiosity. Lets say that an officer has gotten a warrant to take/search an individuals laptop in the United States and comes to serve it. At the moment the ...
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1answer
335 views

Letter of notice for seizure of car in UK

I have 2 friends in the UK. Friend A has a valid driving license, Car, Mot and insurance Friend B has no driving license Friend A let friend B drive his car whilst friend A sat in the passenger ...
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1answer
237 views

How to challenge probable cause of search based on “I smell illegal drug X in your car”?

In the United States, a police officer may search a car without a warrant by invoking a probable cause, such as "I smell illegal drug X in your car"? Assuming the police officer made it up and that ...
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4answers
3k views

If roommate steals, can police search other people's rooms too (US)?

I was speaking with my friend, who sounded real nervous, saying she thinks her roommate might be stealing from work. It's been going on for a few weeks and she can't tell for sure, because her ...
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1answer
150 views

Was my house legally searched?

A couple of months ago, I overdosed on an illegal drug and called an ambulance. I was honest and told them what I took. Two cops came with them and while I was in the ambulance and also in the ER 20 ...
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1answer
2k views

Does the Secret Service need warrants to search areas before protectees visit?

Prior to a protectee (e.g. actual or would-be President) visiting an area, the Secret Service do a sweep of it, including any areas that might have a view on the location where the protectee will be ...