31

You can file a federal criminal complaint under 18 USC 242 - Deprivation of rights under color of law, or (most commonly) a civil claim under 42 USC 1983 for the violation of your civil rights. There are usually state laws, from some form of harassment (usually a summary offense) to misdemeanors like the Official Oppression we have in Pennsylvania. Note ...


25

In general, people have less expectation of privacy in cars than in their homes. To challenge a search and/or seizure under the Fourth Amendment, a person must have standing - the right to sue (that is, you must have had a reasonable expectation of privacy in the place where the search happened; if you didn't, no standing - can't claim your privacy was ...


22

This is not a simple question. There are hundreds of page treatises on consent - explicit, implied, obtained by trickery, revoked, coerced by show, coerced by intimidation. If it ever was just a he said (s)he said situation, that certainly does not mean that the testimony of those two individuals are all that's considered to determine (1) that the ...


22

First off, you cannot booby trap your property, period. It is both illegal and tortious. But, as you noted, there are already questions/answers that deal with this issue. Sure enough, if the police get a no-knock search warrant, that in and of itself is the Court order allowing entry by any means necessary. When the officers, there by right of law, breach ...


18

In the United States, the general way to challenge violations of your constitutional rights is a civil action under 42 U.S.C. § 1983. This broad statute allows anyone injured by such a violation to obtain damages and an injunction against future conduct. Police officers are entitled to qualified immunity from suit; a plaintiff must show that the officers' ...


17

Nothing below is legal advice. I am not a lawyer. If law enforcement is actually requesting an encryption key, talk to a real lawyer. To answer your first question, the answer is "the government probably can't demand the password, but might be able to demand the data." Some courts have ruled that the Fifth Amendment can prevent courts from forcing someone ...


9

Current law in the United States on this subject is unsettled. In re Boucher (2009): The United States District Court for the District of Vermont held that if the contents of the encrypted files are generally known to the government, then revealing the encryption key is not self-incrimination, and Fifth Amendment protections do not apply. United States v. ...


9

Whom does the judge believe? The judge believes the more credible witness. Weight of witness testimony is all about credibility. "There is no law on judging credibility. Judges and jurors receive guidelines and elementary observations in the form of stock instructions but are essentially free to decide for themselves." (Judging Credibility, by John Kane) ...


9

It most likely can be used (there is no "fruit of the poisonous tree" doctrine). Drawing on this analysis (I can't locate Nytt juridiskt arkiv 1986 online). (Rättegångsbalken, SFS 1942:740) Chapter 35 Section 1 (35 Kap.) allows free "sifting, submission, evaluation" of evidence. Evidence can be rejected as insignificant. Specifically (following the analysis ...


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 ...


8

Keep in mind that a warrant doesn't require proof that you stole the property or have the property. Instead, the warrant is just authorization to look for that proof. The standard for securing a warrant is probable cause, which is a much lower bar to clear than people seem to think. It just requires that given everything the officer knows, there's a "...


8

There is commonly a law like RCW 69.50.309 which says that A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed by a practitioner, and the owner of any animal for which such controlled substance has been prescribed, sold, or dispensed may lawfully possess it only in the container in which it was ...


7

...the police decide to press on with their search and an officer is injured or killed, can I be held criminally or civilly liable for that casualty? I didn't read through all of your links so I'll just say - generally speaking you cannot use deadly force to protect unoccupied property, the law finds it neither justified nor reasonable. Katko v. Briney, ...


7

In the United States . . . Scope of Search Warrant: To what extent can they search you and your belongings? The scope of a search is limited by what is stated in the warrant. Not only must a warrant be supported by probably cause, it must also describe with particularity, "the place to be searched, and the persons or things to be seized." See U.S. ...


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 ...


7

Civil forfeiture typically pits the government against property, not the government against an individual, and in the US (also anywhere else), only people have rights: property has no rights. The first relevant instance to reach the Supreme Court was an early case, The Palmyra (25 US 1), where a ship was confiscated because it had been used in privateering ...


6

Do the police have to pay to fix your front door? If they took a year to analyse a mobile phone, can you claim due to the excessive amount of time it took? What if the device is returned broken, or wiped? What court costs can you recover? Can you recover loss of income? You've asked a few questions; I'll attempt to deal with them all, and I'll refer to each ...


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

Short Answer Chain of custody is a common challenge to the admissibility and weight of evidence. Qualification This sounds like a real case. Not a hypothetical. The outcome can go either way. It sounds like it's heading for litigation. The result will depend on the facts and legal arguments. If this is meant to be a hypothetical there are too few facts ...


6

On the contrary there are hundreds of federal statutes that sanction civil forfeiture, as well as 18 U.S.C. § 983 (and other subsections inter alia) that governs civil forfeiture. What you seem to be more concerned with is the judicial oversight and regulations around civil forfeiture. The burden of proof varies between, and within, states - in some, prima ...


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 ...


6

I can't find any specific laws or cases in the United Kingdom. In Australia, bag searches must be consensual - shopkeepers and even security staff have no power to search your person or belongings. It is for this reason that you will often be asked by security staff to open your bag, and move belongings around inside that may obstruct their view. If they ...


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

Does the person being searched have the right to demand the computer be turned off before it is taken on the grounds that the warrant is only for the computer, not for the activity he is currently involved in? No. A warrant will often specify that both information (which they have a reasonable suspicion is on the computer) and the computer itself (as ...


6

Here is an excellent (and extensive) explanation of jurisprudence regarding the "good faith exception" to the admissibility of evidence found due to an error. In short: Yes, the contraband found in Unit B would be evidence admissible in court. (Of course, evidence found in Unit B would only support charges against whomever had a nexus to that property. If ...


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