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Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

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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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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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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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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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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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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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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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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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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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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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102 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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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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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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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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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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161 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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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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268 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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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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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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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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335 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 ...
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Is there any law (US, UK, or Canadian) that limits the scope of a search, so that unrelated crimes can't be prosecuted?

Are search warrants limited to evidence for a specific crime? For example, assume a search warrant is issued based on probable cause of property theft. While executing this search warrant, the police ...
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Are there standards for detention of property in connection with a search warrant?

We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...