Criminal Law Questions? Ask a Criminal Lawyer.
The general rule is that law enforcement must have a warrant for search an seizure of property. However, there are several exceptions to this rule.
If one of these exceptions don't apply to your situatioin, your property cannot be taken without a warrant.
A witness should has immunity to being charged with a crime if he/she was only a witness.
If there is probable cause, yes, the authorities can do this. Probable cause is simply a reasonable suspicion of the officer that a crime has been committed, he/she has the right to confiscate property as evidence.
It's possible that you can get these things back after the investigation is complete - if it is found that these items are not evidence.
ok thank u ! i do have another Question if u dont mind answering my e-mail is inkontroltattosmp @yahoo. com would like to know things purchaced with a stolen credit card and i had one of those things what kind of charge would they be able to charge me with.
You could be charged with possession of the stolen property, or if they can prove that you actually used the card to purchase the property, you can be charged with credit card fraud, which is a Class 6 felony. Here's the law: http://law.justia.com/virginia/codes/2006/toc1802000/18.2-195.html
The punishment for Class 6 felonies is a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
how can they prove that i was aware that it was stolen. Because in i am correctt u can not be charged with possion of stolen proprty unless they can show evidence that u was aware that it was stolen
Yes, you're correct. You have to have knowledge that the property you received/are in possession of was actually stolen. If you didn't know it was stolen, you should not be convicted - but you still may be arrested and charged until it is established that you didn't know.
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