Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

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Does California v. Greenwood apply to trash still on private property?

In the 1988 case California v. Greenwood, the U.S. Supreme Court held that no warrant is needed to search or seize garbage that is placed on the street for collection, as there is "no expectation ...
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How likely would H.R.6930 - Asset Seizure for Ukraine Reconstruction Act be to hold up in SCOTUS?

The bill in question creates an extrajudicial mechanism for asset seizure which seems to directly violate the 8th amendment and extremely similar to the situation deemed unconstitutional in Austin v. ...
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Questions about details of the UK plan to seize property of Russian Oligarchs

I refer to this Q&A in Stackexchange: Legality of penalising Russian Oligarchs by ConanTheGerbil. There's some good info there but I have some follow-up questions. Q1. Burden of Proof. If a ...
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Do you have the same right to privacy in regards to your car than what you have to your house?

Im just curious to know if the same rules of lawful and unlawful searches apply to your car than what applies to your house?
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Can you refuse to vacate your car when police gives you an order to do so?

Are you legally required to leave your car when a police officer tells you to do so? If you ask police if you are under arrest and they say no then I dont see a reason why you should? Maybe if they ...
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Can shop staff search your bag when you are selected for a random rescan?

(UK based). My question refers to the situation where you are using the "scan as you go" system in which you scan items and pack them into your bag as you go around the shop, and pay at the ...
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Does the source of DNA have a bearing on the legality of a search?

If you give your DNA to one of those Geanology sites could law enforcement try and subpoena that DNA to use against you if they don't have probable cause for a warrant for your DNA or would the issue ...
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the ...
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Would this seizure be lawful?

If a search is deemed unlawful due to lack of probable cause does that invalidate all evidence against you obtained through that search or just the evidence specific to the case? Say, for instance, ...
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Can police arrest you to later fish for probable cause?

Do police need to have established probable cause before they arrest you, or can your actions later validate the lack of probable cause that they had when they arrested you? I suspect this may just be ...
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In the US are you allowed to refuse a mobile breathalyzer test?

If you are stopped by the police in the US are you allowed to refuse any test to prove your sobriety? I know you have to tell the police your name, provide them with identification, insurance, and ...
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What would happen if there is an attempt by police to deceive a judge to get a warrant?

Would I be correct in saying that police have a duty to fairly represent the facts to a judge when they attempt to get a warrant to search premises? Is there some sort of oversight in regard to how ...
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In the US are you allowed to impose restriction on the government when they want to enter your house without a warrant?

If the government wishes to enter your house without a warrant and they ask your permission to do so, if you impose restrictions on what they can do or a part of the house they can or cannot enter, ...
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Example to clarify "probable cause" for a search

In Los Angeles, California, the victim of a robbery identifies his attacker as being one of three identical triplets (and the victim saw nobody but the one attacker). If the three triplets all live in ...
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Why doesn't the FBI crack down on websites allowing cartoon child pornography?

I was inspired to make this based off of a previous post. In the United States, visual depictions (such as drawings) of child abuse images is illegal provided they are ruled as obscene. This would ...
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Can someone be indicted for possession of illegal material through access logs alone?

If police obtained a search warrant to seize a suspect's electronics on suspicion of illegal material on their hard drive on account of them having access logs that the suspect viewed such material, (...
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What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania?

What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania? My husband was pulled over in Pennsylvania. There was nothing in arms reach out in plain sight to ...
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What is a legal response if police illegally try to enter your home?

Say the police turn up at your house with a search warrant. They show it to you, and it is more than 3 months old and so invalid, and therefore does not give them the right to enter your house. You ...
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Search Warrant Verification

In Los Angeles, California, if apparent police show up at my door with an apparent search warrant in their hands at 3am, how can I independently verify this? I don't want to be tricked into opening ...
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Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
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2 votes
1 answer
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Under what circumstances are you required to stop and/or answer questions by the police?

After this case of suspected harassment by the police in England in response to refusal to provide a name while walking to catch a train I wondered when you are required to stop, and when you are ...
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Sovereign immunity and recovering seized property

Can sovereign immunity defeat an attempt to recover seized property? For instance, if a cop seizes some cash asserting that it is "drug money", and the owner sues to recover it, can the ...
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1 answer
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Is incriminating evidence in plain sight if a computer mouse had to be bumped to reveal it?

Let's say I have willingly invited the police into my living room. Earlier I had been planning some highly illegal activities on my computer, located in the living room, and thus had incriminating ...
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What damage can police cause during a search?

Consider the following hypothetical: police in California raid a home (with a warrant) to search for drugs. The home in question has a security system in place which includes CCTV cameras. Wanting to ...
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Search of deceased person's residence following fatal incident at work

I am a British writer trying to get law enforcement procedure right in a thriller set in San Diego, CA. (There are numerous plot reasons that prevent me placing this action in e.g. the UK where I am ...
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Cloud storage: requesting copy of data vs physical seizure of storage devices

If a third party has a personal computer which contains evidence of a crime then that computer can be seized by law enforcement as evidence, rather than the data being copied from the computer and the ...
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1 answer
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If I owe state taxes, can the state seize a relative's property in retaliation?

I live in the United States and I owe taxes to the state, which I'm not able to pay. I don't have a permanent residence and live with family/friends. One of my family members received a letter stating ...
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Is a warrant required to access your SMS activity in the UK?

How long is it saved and under what circumstances can it be retrieved by the state?
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7 votes
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In the USA can a child legally authorize a search of a residence he lives in?

Let's say the police want to search a location they don't have a warrant to search and don't believe the owner of the property would consent to a search. So they wait until the owner has left and ask ...
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7 votes
3 answers
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Does allowing a police officer into your house implicitly waive your Fourth Amendment rights?

Suppose a police officer knocks on your door and tells you there was a robbery in the neighborhood and asks if he can ask you some questions about it, but really what he wants is to collect evidence ...
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1 vote
1 answer
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Can I claim if Customs open & damage my parcel even though contents clearly labelled & nothing was found

A model train was sent from Canada to UK & clearly marked. It took a year to make & was then sold. It has been drilled by customs from bottom to top & the buyer no longer wants it. He was ...
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Is the suspicion of unnecessary travel during "shelter in place" statutes sufficient probable cause for a traffic stop?

Many state governments have declared temporary "shelter in place" statutes due to Covid-19 that restrict unnecessary travel by vehicle. I know this will vary by jurisdiction: but generally, is the ...
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4th Amendment Electronics Data Privacy at Borders

What are the contours of when electronic devices (phone / laptop) can be searched / seized? Specifically: An American lands in JFK and CBP demands to search electronics, under what circumstances ...
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If someone is sued in Singapore, can he transfer all his assets to europe?

Just wondering what if someone know he's about to get sued say in a modern country like Singapore. he transfers all his assets (such as cash) overseas to another modern country like Germany. Then he ...
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1 vote
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Legality of "wellness checks"?

I have a friend whose apartment was broken into at night while he was sleeping by the police with guns drawn to do a "wellness check" because the mother of a friend of his called 911 and reported him ...
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2 votes
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If a valid warrant uncovers a suspect's passwords, is another warrant needed to use them?

Scenario: a valid search warrant is executed on John Doe and his computer is seized. Somehow, this manages to net the police Doe's passwords for a bunch of sites (for example, Doe stored all his ...
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1 vote
1 answer
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Drug dealer & criminal signed the lease agreement

Say someone signs a lease with someone else. For clarity the drug dealers name will be Mike and other persons name will be Steve. Now Mike begins to drug deal and do drugs inside the house along with ...
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2 answers
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People have said that the FBI couldn’t raid Epstein’s Island before his “death”

The FBI apparently did not raid Epstein’s property on Little St. James in the Virgin Islands until yesterday. Is this because now that he is dead, Epstein’s lawyers cannot make motions to block search ...
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Illinois and anonymous tips?

In Illinois if an anonymous tips is made to state police, will they search or raid an individuals car/property?
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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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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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1 vote
1 answer
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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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1 answer
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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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2 votes
2 answers
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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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2 votes
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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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5 votes
1 answer
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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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1 vote
1 answer
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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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2 votes
2 answers
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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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-1 votes
1 answer
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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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