Questions tagged [warrant]

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Does an independent constable officer have a choice not to arrest someone they encounter who is subject of a warrant?

Collin the Constable holds the Office of Police Constable making him an independent servant of the crown who is said to be individually and independently responsible for all of his conduct carried out ...
TylerDurden's user avatar
-1 votes
4 answers
224 views

Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? [closed]

Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, ...
chausies's user avatar
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18 votes
1 answer
5k views

Stopping a warrantless police search?

In general, how much can a person do to stop a warrantless search beyond verbally refusing consent? Is there anything further that can be done to prevent the search in the first place or make legal ...
BCS's user avatar
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1 vote
0 answers
39 views

Are there jurisdictions where a premises search warrant cannot be executed without the occupier present?

Related (but not the same): Does the renter/owner of the home have to be present for a search warrant? Also per a comment on accepted answer on this question: Can I tell police to wait and call a ...
Aleks G's user avatar
  • 393
27 votes
7 answers
8k views

Can I tell police to wait and call a lawyer when served with a search warrant?

Somewhat influenced by this question. This is hypothetical question. Suppose the police turn up at my door with a search warrant. I know nothing about warrants and couldn't tell apart a search warrant ...
Aleks G's user avatar
  • 393
2 votes
0 answers
38 views

Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court? [duplicate]

If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's ...
NerdyDeeds's user avatar
26 votes
2 answers
7k views

What does a search warrant actually look like? How can I recognize one?

Suppose the police come to my door. “Open up,” they say. “We have a warrant to search the premises.” How can I tell if they are telling the truth? Do they show me the warrant? If they do, how do I ...
Mark Dominus's user avatar
3 votes
3 answers
237 views

Before Terry, did the Fourth Amendment require a warrant for all searches and seizures or only the "unreasonable" ones?

I'm trying to understand the direct meaning of the Fourth Amendment as best as possible. The Amendment states the following (emphasis added): The right of the people to be secure in their persons, ...
The Editor's user avatar
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-2 votes
1 answer
506 views

How much evidence of sexual harassment do the FBI or the police require in order to get a search warrant for the servers of a company?

Let's say a minor calls the police or goes to them and reports that she got a sexual text on snapchat, but she has no proof. Is that enough probable cause for police to seek a warrant directed to ...
cnncjcjcjcjc's user avatar
6 votes
2 answers
2k views

Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?

If there's a criminal case, the police can get a warrant to access someone's electronic communications without the suspect's consent. What about a civil case (if it makes a difference, let's say ...
user17760's user avatar
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0 votes
2 answers
147 views

What is required to warrant a drug raid in NYC?

Doing research for a fictional book, and I'm wondering what kind of "evidence" my characters could fabricate in order to make the DEA (or any other relevant agency) run a raid on a building. ...
user110391's user avatar
0 votes
1 answer
123 views

Do police need to present warrant prior to seizure?

In the United States, suppose a warrant was required for a seizure and the police properly obtained one. Do the law enforcement officials who execute the warrant need to present that warrant prior to ...
mredig's user avatar
  • 103
3 votes
4 answers
239 views

Search warrants for the property of people not suspected of a crime

I'm interested in the New York City jurisdiction. Imagine a person is involved, or suspected to be involved, in a crime, yet they are not suspected of having committed any crime. For example, imagine ...
user110391's user avatar
6 votes
1 answer
2k views

Why don't they just issue search warrants for Steve Bannon's documents?

One of the contempt charges Bannon face is for not handing over documents to the Jan 6th committee. Why can't they just issue search warrants for every location remotely-associated with Bannon and ...
Ryan_L's user avatar
  • 3,537
0 votes
1 answer
294 views

Can someone be convicted of possessing/distributing illegal pornography if no evidence can be found in search/seize?

In this hypothetical, let’s say there are four people living in a family home, and all people share the same IP, but not computers. Person A has engaged in a one-time illegal online activity that has ...
L4Law78's user avatar
3 votes
1 answer
145 views

How has sneak-and-peak warrants been constitutionally defended?

There was a famous scene in the Sopranos where Tony Soprano got his house broken into by law "enforcement" with a sneak-and-peak warrant. I for many years thought this was fiction but it is ...
Neil Meyer's user avatar
  • 4,809
1 vote
1 answer
306 views

What is the difference, if any at all, between having a warrant for your arrest and being circulated as wanted in the UK?

What does it mean to have a warrant out for one's arrest? How must a warrant be issued? What institutions within society are able to issue a warrant? What does it mean to be circulated to police ...
Ohan's user avatar
  • 777
10 votes
3 answers
902 views

Can you film the police while they search your premises?

If the police search your house with a warrant can you film them to ensure they keep to the letter of the warrant?
Neil Meyer's user avatar
  • 4,809
-2 votes
1 answer
104 views

Can a police officer, under these circumstances, enforce the following arrest warrant out of Jurisdiction?

A warrant is issued for the arrest of Jimmy Jones for crimes committed in Springfield County. Officer Bob is an officer with the Shelbyville Police Department, a city in Simpson County near the ...
hszmv's user avatar
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1 vote
1 answer
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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 ...
Neil Meyer's user avatar
  • 4,809
1 vote
3 answers
194 views

Usability of AI-based Evidence

I'm a computer forensics graduate student doing research in blockchain currency (e.g. Bitcoin) forensics. I'm wondering if there are any rulings or decisions regarding the usability and admissibility ...
PGClark's user avatar
  • 29
3 votes
2 answers
387 views

Are online accounts and phone numbers frozen when "electronic devices" are seized by law enforcement?

The recent seizure of the cellphones and computers of Rudy Giuliani by the FBI led me to wonder about the immediate, extra-legal consequences for such an individual. Would this individual be ...
spring's user avatar
  • 320
6 votes
2 answers
885 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 ...
bobuhito's user avatar
  • 959
1 vote
0 answers
65 views

Called court to learn status of warrant but there’s no record of one

I was hoping to resolve a warrant, as I should most definitely have one, in Colorado Springs, El Paso County. However, I called the county's warrant office and the clerk said they did not have me in ...
Bambino12's user avatar
3 votes
2 answers
145 views

Under the England and Wales Public Health (Control of Disease) Act 1984, can a police officer enter a house without a warrant?

Public Health (Control of Disease) Act 1984 As the title asks. It's such intense legalese that I can't get my head around it!
Ilya Grushevskiy's user avatar
4 votes
1 answer
274 views

How quickly will they obtain a warrant?

If the police are investigating a cyber-crime, and all they have is the IP address and they obtain the details from the ISP, how quickly will they usually obtain a search warrant in order to preserve ...
Starstruck124's user avatar
1 vote
1 answer
274 views

Getting a warrant for DNA

In the US, if the police want to get a warrant to force someone to give a DNA sample in a murder investigation, is it always required that they must already have a suspect DNA sample to compare it to (...
John B's user avatar
  • 183
6 votes
2 answers
368 views

What happens if an expert witness admits he lied in a case

This happened in in 2004, in Germany, in a very small town. I don’t speak the language and relied on my English speaking lawyer and my bilingual gf. On the night before the court date, my lawyer told ...
Thomas's user avatar
  • 523
1 vote
1 answer
192 views

How long are warrants actually kept?

Are there warrants from 100 years ago? When do they assume the person dies? Does it go back to the digitization of records in the late seventies, or further back?
user avatar
1 vote
2 answers
259 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 ...
StalinLovsCIAfakeMsM's user avatar
6 votes
1 answer
496 views

Admissibility of evidence seized from wrong property on lawful warrant (USA)

Suppose the Police obtain a warrant to search Alice's house for smuggled diamonds (something really tiny). When they arrive, they knock on Bob's door instead of Alice's. It's a common mistake to make, ...
GridAlien's user avatar
  • 1,624