Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

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1answer
98 views

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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2answers
96 views

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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1answer
186 views

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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0answers
42 views

Can the police ask a minor to bring suspicious evidence outside their house?

Based off of my previous question a young enough child (approximately 13 or younger) can not authorize the police to search their home: In the USA can a child legally authorize a search of a residence ...
2
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1answer
116 views

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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1answer
440 views

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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1answer
52 views

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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1answer
2k views

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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2answers
121 views

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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1answer
170 views

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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3answers
203 views

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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1answer
129 views

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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1answer
99 views

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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1answer
42 views

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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1answer
68 views

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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115 views

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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1answer
63 views

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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0answers
40 views

What happens if a person hides seized movable property from bailiff?

If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property? Can the debtor be charged ...
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1answer
122 views

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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2answers
200 views

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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1answer
50 views

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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2answers
154 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
348 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
204 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
224 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
160 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
201 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
225 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
535 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
89 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
137 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
163 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
467 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
138 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
173 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
149 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
153 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
2k 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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2answers
501 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
341 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
328 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
3k 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
256 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
458 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
231 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
359 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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2answers
142 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
238 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
987 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 (...