Questions tagged [search-and-seizure]
For questions regarding legally authorized search and seizure of private property
164 questions
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Do police need a search warrant to chase a fugitive onto private property?
Police are chasing person A. Person B observes this and lets person A into their home. The police knock at the door of Person B, asking to enter in order to search for person A. Person B refuses to ...
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Can the police seize your cup without a warrant during an interview?
Suppose the police want to get a sample of your fingerprints or DNA but don't currently have enough for a warrant. So they invite you to the station for an interview and give you a cup of coffee. ...
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Must you surrender your actual driver's license during a traffic stop?
During a traffic stop when, as the driver, you are asked for your license (and registration if applicable), do you actually have to provide the originals, or can you provide a copy? I'm curious ...
6
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1
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What are the requirements for police to conduct a post-arrest search without a warrant?
It is in the news that a parent was arrested, after which a "search was then carried out using post-arrest powers" located two iPads that she had confiscated from her children at her 80 ...
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Are physical walls important for keeping police out of your house?
If the police don't have a warrant or other good excuse to enter my house, I don't have to let them in even if they ask nicely.
Does this mean I don't have to open the door for them, but if they ...
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5
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Can your DNA records be kept on record even if the DNA was obtained illegally?
Situation: A DNA sample has been used in court against you, and the evidence was suppressed due to a Miranda violation.
Can you have police remove the DNA results from all government databases as well?...
- 8,635
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110
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What is the British equivalent of a subpoena to a service provider for user data stored on a server?
Many digital service providers store their users' data on their servers. While law enforcement in England have broad powers to enter premises and to seize objects without necessarily having a warrant, ...
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6
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Search warrants - do the item(s) being searched for limit the scope of the search?
If the police have a search warrant for a particular item, do they have full access to the entire property and everything in it, or do they have to limit themselves to areas that might possibly ...
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Why would a search warrant say that the items to search for were the following: hair, fibers, clothing, rope wire, and binding material? [closed]
The search warrant listed the address to be searched, and also listed that any outbuildings and vehicles on the curtilage of the property could be searched for the following items:
Hair, fibers, ...
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4
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1
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Can a government contractor take photos inside my house with personal cell phone?
An active duty member sets up a household goods move and the government sends it to a civilian contractor. The contractor completes a video walk through to get an estimate of the household goods. ...
- 41
2
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How long can state or local police retain property or money seized through civil forfeiture before transferring it to the relevant federal agency?
I recently watched the film Rebel Ridge (2024), where local police unjustly seized the protagonist's money under suspicion of being drug currency. Initially, I thought this was just fictional movie ...
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Jurisdiction: Can police officers open mail addressed to a stranger?
A person, let's say Jane, owns a home and receives hundreds of toll invoices (see link) and automated traffic tickets. It is Jane's address but the names are strangers all over the nation (USA). ...
-2
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2
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Unsafe floor in a house
Please consider the following hypothetical situation:
A person living alone in an old house has a floor that he believes to be safe. He is not breaking the law. The police get a report that illegal ...
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2
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An English magistrate's search warrant is authorised by a Scottish sheriff for execution in Scotland. What statute governs its execution?
An English magistrates' court grants English police a warrant to search premises in Scotland under section 8 of the Police and Criminal Evidence Act 1984. Execution of the warrant is then authorised ...
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How can Telegram defend themselves from law enforcement action? [closed]
It has been stated for over a decade on Telegram's Privacy Policy that
All data is stored heavily encrypted and the encryption keys in each case are stored in several other data centers in different ...
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