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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.
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Recent Search and Seizure Questions

  • went to court and there was no case filed. I was arrested on

    went to court and there was no case filed. I was arrested on a felony drug charge on june 13, 2014 bail was 30,000 and i was released on bail. my arraignment was set for july 11, 2014 and i appeared, but there is no case filed. the clerk says but they have "a year to file"??. anyway 800 dollars was xeized from my residense. how do i go about getting it back as soon as possible. and what about bail? do we have to wait a year to exonerate the bail or what? police forced entry into our residense on a probation compliance chech. it was an illegal search and seizure and as a result i was arrested on a felony drug charge. the probationer whom the sheriff was there for the compliance checkwas released fromm jail on june 12 directly into a dr90 day drug treatment facility. therefore was not residing at our residence. this is not the first time of harrassememt by the la county sheriff at our residence. I WOULD LIKE TO KNOW HOW I GO ABOUT A CIVIL CASE AGAINST THE SHERIFF . RE: *Violation against our constitutional rights 4th amendment illegal search and seizure. *Miranda rights - the right to remain silent. I was forced to sign a confession and was never advised of my rights *Also harassment and discrimination rights. several documented incidence's with la county sheriff at our residence *Slander and depvrimation of character- i have lived at this address for 15 years and do not have any convictions for any crime in la county. *also losses due to damages, bail, attorney fees and court costs my questions are how do i go about recovering the money zeized from the residence? and what is thie law about "a year to file". and when can the bail be exonerrated? and how do i file a civil suit. and how long do i have to file?

  • this is concerning your conditions of probation. when you

    this is concerning your conditions of probation. when you are on probation , no matter which type pf probation? Formal? summary? informal? felony? as far as search and seizure are concerned? states: submit to search of person and property . Does that include residence also? or does property mean residence? I have seen rules of probation when it states: submit to search and seizure of person property and residence. and Ive seen it stated: submit to search oand seizure of person and property only. Do they both have the same meaning?L
  • Good Afternoon. This is the scenario. A driver was pulled

    Good Afternoon and thank you in advance for your time. This is the scenario. In the state of NY, in the WNY area a driver was recently pulled over as he came off the expressway. He made a complete stop, then a right hand turn and proceeded to drive; no swerving was witnessed or noted. Within seconds, he was pulled instantly over without being followed; the police car was sitting roadside at the expressway exit. Prior to the pull over the police officer received an anonymous tip/civilian complaint that the driver had been swerving on the expressway. This then lead to a series of tests and ultimately a DWI. My question is this: did the police officer have the legal right to pull the car over without observing the criminality of a vehicle code violation? The driver was not ticketed for swerving or any vehicle code violation. The officer did not corroborate the anonymous tip, as he did not visually see through his own eyes a vehicle violation. There is also nothing written is the case narrative on the ticket, just an empty box. Is this in violation of the fourth Amendment of the United States Constitution which protects people from unreasonable search and seizure by law enforcement and applies when police make traffic stops? Ultimately, is the pull over legal? Can this case be thrown out?  Thank you kindly.

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