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Search and Seizure Laws

What is search and seizure?

Search and seizure is used in civil and common law as a procedure to search and seize any type of evidence that may be found in a criminal investigation that is in/on a person’s possession or property after it has been searched. Many times when there is a crime committed, and a person is a suspect, the police or investigators may perform a search and seizure to help not only solve the crime but also to bring charges with evidence against a suspect.

Can someone sue police officers for illegal search and seizure if the party was never charged with a crime and the charges were overruled by the judge

Many times when a judge overrules or throws a case out of court for illegal search and seizure, any type of property that was confiscated will be returned to the accused. However, to sue the police for illegal search and seizure would be a possibility, many times it is hard to obtain legal counsel to help the case due to lawyers and police relationships are tight nit. If a person can find a lawyer willing to take the case, a lawsuit could possibly take place.

What constitutes unlawful and illegal search and seizure on a person’s body that produced a small amount of cocaine in the airport security?

There is no warrant or probable cause required to search people passing through airport security gates.

Can the driver of vehicle give consent to search a vehicle that does not belong to them?

A driver can give consent to search any area that is under his custody and control. If the driver is the sole occupant of a vehicle that would typically include the entire vehicle and anything in it.

Can a court ordered DNA test (by oral mouth swab) be considered a form of illegal search and seizure?

If the DNA was ordered by the court, this would not be considered illegal search and seizure. The Fourth Amendment reads in relevant part: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Court-ordered DNA tests are common and established methods of paternity testing in all US jurisdictions.

There are times that you need answers to your tough questions — questions that may be too sensitive for you to consult a friend or co-worker. Sometimes, you may want to discuss your issues with a neutral party who is experienced in the legal area that you are dealing with. If you are having issues with Search and Seizure or just need answers to your questions pertaining to a Search and Seizure you can ask Lawyers on JustAnswer. Experts answer many of the legal questions related to a Search and Seizure in an efficient and knowledgeable manner.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Search and Seizure Questions

  • I am on diversion, and it will be up in April 13, of next year.

    I am on diversion, and it will be up in April 13, of next year. I have been told by my sister that my brother who works on the squat team that, when my charges ceases that he and the police department will go and say that they forgot to charge me with leaving my kids at home and that they will put a gun charge on me. Is that possible? Could that happen?
  • I'm in child support warrant being served I was arrested but

    I'm in child support warrant being served I was arrested but right before they put the handcuffs on me I took my sweatshirt off and set it on the ground I was arrested taking out to the car and given away they picked up my sweatshirt that I did not have with me and found a pipe and drug in the pocket...how can I get this suppressed or thrown out?
  • If im sitting in my car on my brake from work, and two undercovers

    If im sitting in my car on my brake from work, and two undercovers drive by and stop. They get out of there car and walk towards mine, and ask me what im doing. I reply im on my 10 min brake from work. One officer says looks like you could of been stealing the car, thats why we stoped.
    After knowing i wasnt stealling the car. They asked me to step out of my car started searching me and the car. I told them that im not on probation or parole whats the reason for the search. My question is can they search me or car if not on parole or probation
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