31
votes
Accepted
Can I tell police to wait and call a lawyer when served with a search warrant?
You cannot legally force police to wait to carry out the search. They can search even if you are not present. In fact, they are required to execute the warrant within a certain time frame, which ...
- 210k
28
votes
Stopping a warrantless police search?
Don't consent.
Say so (ideally in a well documented way, like on video).
Challenge the fruits of any unlawful search after the fact in a suppression hearing, or in a civil rights lawsuit.
There is ...
- 195k
18
votes
Why don't they just issue search warrants for Steve Bannon's documents?
First, let's be clear about who "they" is. Neither Congress nor the Department of Justice has the power to issue search warrants by themselves. Search warrants are issued by judges, upon a ...
- 29k
18
votes
Accepted
What does a search warrant actually look like? How can I recognize one?
The exact form used can vary based on the court. At the federal level, the Administrative Office for the US Courts has a standardized form, although I don’t know that district courts have to use it. ...
- 23.6k
18
votes
Can I tell police to wait and call a lawyer when served with a search warrant?
You can certainly call your lawyer when the warrant is served but the police are going to seize the evidence they want to since the warrant is at this stage considered valid. There are several ...
- 22.8k
17
votes
What does a search warrant actually look like? How can I recognize one?
So it's going to vary from state to state, but typically a warrant will be presented as a printed document on white paper. The may be a letter head or official symbol at the top.
As per the documents ...
- 22.8k
16
votes
Can I tell police to wait and call a lawyer when served with a search warrant?
Your protection from unauthorized searches is granted through inadmissibilty of evidence not through preventing the search. So if the police show up at your door and only present a supermarket receipt ...
- 3,298
14
votes
Accepted
Can you film the police while they search your premises?
united-states
Yes.
The right to film police carrying out their duties is constitutionally protected. See, e.g, ACLU v. Alvarez, 679 F.3d 583 (7th Cir. 2012) and Glik v. Cunniffe, 655 F.3d 78 (1st Cir. ...
- 195k
11
votes
Can I tell police to wait and call a lawyer when served with a search warrant?
Jurisdiction germany:
The police does not have to wait, but common advise is to call a lawyer or at least a neighbour to act as a witness and ask the police to wait.
The common principle of ...
- 537
11
votes
Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict?
The 4th Amendment exclusionary rule applies automatically in cases where law enforcement obtains evidence illegally (subject to exceptions not applicable here).
In its 1920 decision in Burdeau vs. ...
- 195k
8
votes
Accepted
Search warrants for the property of people not suspected of a crime
Police can get a warrant, if the warrant is supported by "probable cause" to believe that evidence of a crime exists. A separate "probable cause" requirement is that to arrest a ...
- 210k
7
votes
Accepted
Admissibility of evidence seized from wrong property on lawful warrant (USA)
The Evidence Would be Admissible.
Under the so-called "good faith exception" to the exclusionary rule the evidence would probably be admitted over Bob's objections in both cases mentioned in ...
- 113k
7
votes
Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?
If person A sues person B, and their lawyer says "there's evidence
that B did something bad, in B's email" (in case of divorce, probably
adultery evidence), and person B's layer says "...
- 195k
7
votes
Accepted
Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?
Yes. There is both a duty to disclose and permit inspection of certain records (e.g. those that adversely affect either party's case or support another party's case) and a right for the court to ...
- 6,325
6
votes
Can you film the police while they search your premises?
australia
Yes
You can film anyone in public or with the permission of the occupier of private premises (voyeurism excepted).
- 198k
6
votes
Can someone be convicted of possessing/distributing illegal pornography if no evidence can be found in search/seize?
It is possible that someone is convicted. Destruction of evidence an constitute circumstantial evidence that a crime was committed, and other evidence, such as testimony, could pin the crime to one of ...
- 195k
5
votes
How quickly will they obtain a warrant?
It depends on the nature of the crime, among other things.
Under Section 8 of the Police and Criminal Evidence Act 1984 (PACE) the police must provide evidence to a court that a search warrant is ...
- 3,722
5
votes
Accepted
How has sneak-and-peak warrants been constitutionally defended?
A person has no protection against a valid warrant
The fourth amendment is crystal clear on what it protects and what it doesn’t:
The right of the people to be secure in their persons, houses, papers,...
- 198k
5
votes
Usability of AI-based Evidence
Your question is about the admissibility of expert opinion evidence. The applicable law in U.S. courts is called the Daubert standard. Under this standard, the judge is required to play a “gatekeeper” ...
- 8,631
5
votes
Accepted
Usability of AI-based Evidence
In principle, the evidence could be admitted. Federal Rule of Evidence 702 allows an expert to testify if
(a) the expert’s scientific, technical, or other specialized knowledge
will help the trier of ...
- 210k
5
votes
Accepted
Are online accounts and phone numbers frozen when "electronic devices" are seized by law enforcement?
Assuming that the police have a warrant to seize your cell phone, the scope of what can be seized is specified in the warrant. It is not automatic that seizing a phone entails seizure of some or all ...
- 210k
5
votes
Accepted
Search Warrant Verification
There are two questions here:
Is it really the police, or someone pretending to be the police in order to stage a home invasion? If it is the police they will be wearing uniforms and showing you ...
- 13k
5
votes
Accepted
What happens if an expert witness admits he lied in a case
TL;DR: You may have chances. Consult a German lawyer fast.
In German civil cases there is the possibillity of "Reopening of proceedings" (Wiederaufnahme des Verfahrens), §§ 578 ff. ZPO. It can be ...
- 992
5
votes
Accepted
Do police need to present warrant prior to seizure?
We should start with the rule regarding presentation of search warrants. The US Court search and seizure warrant form explicitly says
Unless delayed notice is authorized below, you must give a copy ...
- 210k
5
votes
Search warrants for the property of people not suspected of a crime
A search warrant does not have to be served on a suspect
A search warrant may be issued on probable cause that evidence of a crime will be found - there is no requirement that the person or place ...
- 198k
5
votes
Before Terry, did the Fourth Amendment require a warrant for all searches and seizures or only the "unreasonable" ones?
was the idea that all searches and seizures, reasonable or otherwise, require a warrant?
No.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable ...
- 35.1k
5
votes
Can I tell police to wait and call a lawyer when served with a search warrant?
Jurisdiction: united-states
You can ask a police person anything. They are not legally obliged to wait, but yes you can ask them just about anything. As always, it is best just to do whatever the ...
- 4,747
4
votes
Search warrants for the property of people not suspected of a crime
See Zurcher v. Stanford Daily, 436 U.S. 547 (1978) in which the United States Supreme Court held that (in summary):
A State is not prevented by the Fourth and Fourteenth Amendments from issuing a ...
- 43.5k
4
votes
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?
Warrants are issued upon probable cause
The Supreme Court defined this in 1964 in Beck v. Ohio as:
whether at [the moment of arrest] the facts and circumstances within [an officer's] knowledge and of ...
- 198k
Only top scored, non community-wiki answers of a minimum length are eligible