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Questions tagged [search-and-seizure]

For questions regarding legally authorized search and seizure of private property

Canonical answers here:

163 questions
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If the police search my vehicle or house without my consent, and they don't find anything, what recourse is there?

I understand that if the police perform an illegal search, then any evidence found during that search will be excluded from a trial, but what if they didn't find any evidence? If the police do an illegal search, and they don't find anything, is…
Sam I am says Reinstate Monica
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Consent to searches: Who wins "my-word-against-yours?"

Hypothetical Officer testifies citizen consented to be searched. Citizen denies consenting to be searched. There is no other evidence (that weighs net in favor of either party). Question Whom does the judge believe? Clarifying Discussion from…
Alexanne Senger
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Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcement personnel might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: A. Destroy any evidence I think they might look…
feetwet
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the stranger inside while he went to get her. The…
robertspierre
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Ordered to unlock my car trunk. May I lawfully refuse?

Consider the hypothetical situation where I am stopped by a patrol officer. After handing over the required documents (driver's license, vehicle registration, proof of insurance), he orders me to unlock the trunk. Clearly, this is for the purpose of…
EvilSnack
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Can I tell police to wait and call a lawyer when served with a search warrant?

Somewhat influenced by this question. This is hypothetical question. Suppose the police turn up at my door with a search warrant. I know nothing about warrants and couldn't tell apart a search warrant from a supermarket receipt. But I do have a…
Aleks G
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What does a search warrant actually look like? How can I recognize one?

Suppose the police come to my door. “Open up,” they say. “We have a warrant to search the premises.” How can I tell if they are telling the truth? Do they show me the warrant? If they do, how do I know I am looking at one? What does a real…
Mark Dominus
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Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up with a search warrant for the residence. Is there…
feetwet
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Can teachers search our dorms without our explicit consent if they have "suspicion"?

I am a girl attending a boarding high school in the US. In June, some students who returned to the dorm early saw some male teachers exiting their rooms. They reportedly ran back to the school building without answering any questions when they saw…
ypl1049
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Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police get a search warrant to confiscate his computer. …
dsollen
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In the US are you allowed to impose restriction on the government when they want to enter your house without a warrant?

If the government wishes to enter your house without a warrant and they ask your permission to do so, if you impose restrictions on what they can do or a part of the house they can or cannot enter, are they forced to comply with your restrictions or…
Neil Meyer
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Is there any remedy for unnecessary insult by police in the course of their lawful duties?

Following up on Are there any remedies for abusive or insulting behavior by agents executing a search warrant? the more subtle question needs the following elaboration: My impression is that as far as the law is concerned there is no such tort as…
feetwet
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Stopping a warrantless police search?

In general, how much can a person do to stop a warrantless search beyond verbally refusing consent? Is there anything further that can be done to prevent the search in the first place or make legal action after the fact more likely to prevail? Most…
BCS
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What stops you from invoking §19.6 if a police officer attempts to seize your mobile phone?

Section 19 of PACE (the Police and Criminal Evidence Act 1984) states: (3) The constable may seize anything which is on the premises if he has reasonable grounds for believing— (a) that it is evidence in relation to an offence which he is…
Danny Beckett
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What would happen if there is an attempt by police to deceive a judge to get a warrant?

Would I be correct in saying that police have a duty to fairly represent the facts to a judge when they attempt to get a warrant to search premises? Is there some sort of oversight in regard to how warrants are issued? Or is the oversight having…
Neil Meyer
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