14

You have raised two broad questions. The question about reasonable suspicion asks: when is evidence illegally obtained? That's difficult to answer, because it depends on the nature of the evidence and any statute which controlled the way in which it should have been collected. However, the focus of your question seems to be the second issue: what use can the ...


8

There are two separate questions here, it seems to me. First: are law enforcement officers required to respect your house rules and avoid making a mess? At least in the United States, the answer is unequivocally no. If the only "damage" suffered is that you need to sweep the floor, or put your clothes back in drawers, that's not the police's problem. You ...


7

I'm not aware of case law on point, other than Riley, which you mention (which doesn't mean that there isn't any - I'm not a specialist in this area). But, I think that the answer would be that you do have an expectation of privacy because the Riley holding that there was an expectation of privacy in a smart phone didn't really hinge in any meaningful way ...


6

US v. Jones The majority opinion in US v. Jones 565 U. S. ____ (2012) , written by Justice Scalia, held that the attachment of the GPS device to the vehicle was a trespass and thus a search. The analysis ended there. It did not even need to reach the issue of how long Jones was monitored (although one of the concurring opinions took that into account). ...


6

I did not perform a complete survey but The Jurisdictional Limits of Campus Police reports that, "subject to jurisdictional constraints, campus police officers had virtually the same powers as their municipal counterparts." (Internal quotes omitted.) Generally speaking, police are police not administration. Here are some statutes: ILLINOIS HIGHER ...


6

First, police need probable cause to stop a vehicle. Something like a safety violation with the vehicle, or some type of moving violation. The specifics for a stop vary state to state. Secondly, police have the right to ask for the driver's ID, Registration and in some states insurance. All the other passengers have no legal requirement to produce ID.


6

As has already been said, as far as the vehicle registration, the officer likely already knows who the vehicle is registered to and whether it's expired or not before he walks up to your car, or at the least, he can easily find that information out. The proof of insurance is a different matter. The officer will need to see it to know if you have insurance ...


5

The police are allowed to ask for such things because of what is know as police power. Generally speaking, states are allowed to regulate behavior within their borders. They regulate and enforce the behavior through laws. So the laws in the states allow cops to ask for certain things. The tradition has its roots in the 10th Amendment which states that powers ...


5

Foreign citizens are just as entitled to Fourth Amendment protections against search and seizure as American citizens are. The case you cited was, in fact, a South Korean citizen who successfully had evidence suppressed from an unjustified border search.


5

Huge difference between a car and a house. For example, at least in Pennsylvania no warrant is required to search a vehicle on public roads. In other states there are so many easy pretexts that you practically have little protection from a full vehicle search (although the pretext will have to withstand strict scrutiny if evidence found in a search is used ...


5

The pawn shop has the "use of property" of their own premises. The pawn shop has obviously the right to examine the gun to determine its value, for example, or to clean it if it needs cleaning to avoid damage, or to show it to a potential customer. And the pawn shop is allowed to let the police onto their own premises, even without a search warrant.


5

With respect to 4th Amendment protections, which guard against unreasonable searches, Illinois v. Rodriguez, 497 U.S. 177 held that "A warrantless entry is valid when based upon the consent of a third party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not". Cat burglar ...


5

This is a good question, which I am going to answer from a practical perspective, rather than a theoretical one, which would probably justify a law review article (applications of the takings clause to criminal justice fact patterns is actually one of my pet areas of legal scholarship, but a lot of it calls for dramatic changes in established practice and ...


5

If the police can get a warrant from a judge confirming that they have probable cause, they could, and that finding would probably be confirmed in a subsequent suppression hearing alleging that the warrant was issued without probable cause. But, it would be unlikely that a judge would issue a warrant that covered multiple apartments if there was not ...


4

The fourth amendment does apply to traffic stops. In general, they are a violation of the fourth amendment in the absence of reasonable suspicion or probable cause. Even then, there are some circumstances in which suspicionless stops are acceptable to the Supreme Court, most notably in roadblock-style checkpoints for enforcing sobriety or immigration. See,...


4

Yes. This was most recently clarified in Navarette v. California 572 U.S. ___ (2014). A seizure can be deemed reasonable based on an anonymous tip. The reasonableness analysis is the standard "totality of the circumstances" test and the anonymous tip would usually need to have indicia of reliability.


4

From US v Sumlin 567 F.2d 684 at 688 (6th Cir. 1977) The holding of Matlock focused on whether or not the "permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected." I'd hang my argument on this last part - sufficient relationship to ...


4

Probable cause is defined as: "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true" (See Wikipedia citing Handler, J. G. (1994). Ballentine's Law Dictionary (Legal Assistant ed.). Albany: Delmar. p. 431.) Now the thing about drug offenses, is ...


4

The officers could incur liability under 28 U.S.C. 2680 (h) with jurisdiction under 28 U.S.C. 1346 (b). This would probably be considered "loss of property" or a "wrongful act". It is very rare for cases to go forward for this because of the costs of litigation against an officer. "[I]t is well recognized that ‘officers executing search warrants on ...


4

Your attorney can help you answer those questions, if necessary. Generally, you cannot know for certain. Mass. criminal procedure rule 6 covers arrest warrants – the Superior court can issue an arrest warrant. That warrant must be "signed" by the issuing official, will have the name or other reasonable means of identifying the subject, and the offense ...


4

It probably does, up to a point. Roe v. Wade asserts a right to privacy, discussed in §VIII. Granting that there is no explicit enumeration of a right to privacy in the Constitution, its implicit presence is discerned via a long series of constitutional rulings of a diverse nature. It is not clear what is the extent of This right of privacy, whether it be ...


3

TL;DR: No. But maybe there should be. Here is a Law Review article addressing the sub-question: Does the Fifth Amendment Mandate Compensation When Property is Damaged During the Course of Police Activities? The author concludes that in practice the remedies offered seem to fall short of the Constitutional mandate: The Fifth Amendment of the United ...


3

In Massachusetts where I live, here are the general guidelines: In re G.L. c. 268, § 32B(b). A person can be charged with resisting arrest only when the officer is acting under the color of his official position (meaning he is on duty and acting according to those duties). The Commonwealth must also prove that the defendant knew that the person ...


3

Since there is no search or seizure involved in having a driver's license, requiring a person to update their address is not a violation of the 4th Amendment. It is also not "testifying against oneself in a criminal case", so it does not violate the 5th. As has been repeated many times, driving is a privilege and not a right, meaning that there is no ...


3

In case there is no way of knowing, thus no way to sue, would this seem like a loophole that practically abolishes the 4th amendment ? The 4th amendment only means that the officer needs a probable cause/reasonable suspicion to detain you. It absolutely does not mean that he has to tell you what that is. In fact, not telling you what the probable cause is ...


3

The Fifth Amendment only protects you against being compelled to testify by the government. So unless Wonder Woman is acting on behalf of the government, information obtained through the use of the Golden Lasso is admissible. The question about whether she has been "deputized," is not the right one. Rather, the question is whether she is a "state actor." ...


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