Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

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2answers
88 views

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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5answers
6k views

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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2answers
162 views

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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3answers
4k views

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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1answer
3k views

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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1answer
56 views

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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1answer
240 views

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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2answers
176 views

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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1answer
85 views

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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1answer
183 views

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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2answers
95 views

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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1answer
728 views

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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1answer
253 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
103 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
200 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
53 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 ...
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1answer
132 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
446 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
60 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
143 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
310 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
238 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
133 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
104 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
43 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
71 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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0answers
121 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
69 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
41 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
134 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
205 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
51 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
158 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
401 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
256 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
228 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
166 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
208 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
244 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
570 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
95 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
140 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
166 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
539 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
146 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
185 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
169 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
155 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 ...