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A seizure may result when there is submission to a show of lawful authority?
A seizure results when police or any government agents take evidence as the result of a search. Such evidence is not limited to tangible items. It includes any statements made as a result of the search. The 4th Amendment to the constitution protects individuals from unreasonable searches and seizures by the government. A search or seizure is unreasonable if it is conducted without a warrant or a recognized exception to the warrant requirement. The vast majority of searches and seizures conducted by law enforcement every day are done without a warrant. To be valid, therefore, law enforcement must have a valid exception for the search and/or seizure to be valid. Consent is a valid exception to the warrant requirement. It is one of the most frequently cited exceptions used by law enforcement to justify a warrantless search/seizure. For consent to be a valid exception, it must be freely, intelligently and voluntarily given. This is where the exception most frequently fails. Most so-called "consents" are actually submissions to a show of lawful authority. Such a submission does not constitute valid consent because it is not freely and voluntarily given. Submission to a show of lawful authority occurs when law enforcement gets you to "agree" to a search or seizure by acting as if you have no right to refuse it. An example would be if they have handcuffed you and put you in a police car and then say something like "we're going to search your car." of even "can we search your car?" and you answer "O.K." Under those circumstances (in handcuffs, detained in a police car), you reasonably believed that you had no right to refuse a search. Therefore, when you said "O.K." you were merely submitting to law enforcement's assertion of lawful authority. You were not giving free, voluntary consent to relinquish your Fourth Amendment rights. Therefore, your expression of agreement is not a valid exception to the warrant requirement and any search and seizure conducted by law enforcement is illegal.
What is a search and seizure procedure?
A search and seizure procedure is where police search a potential suspects property and confiscate any evidence they feel is important. It is used in civil an common law.
What is the law on illegal search and seizure?
Most commonly, any direct or derivative evidence resulting from the improper search would not be allowed at trial.
Due process means that the rule of the law will be fair For example rules of the law for search and seizure are accepted by the law and the courts to be correct according to the Constitution?
Procedural
Do the police have the right to do Search and Seizure?
Under the Constitution, which is the law of the land in the USA, Search and Seizure is legal when the police have received a search warrant normally signed by a local judge. There are some situations, depending on the jurisdiction (where the search takes place) in which the police don't require a search warrant signed by a judge.
The fundamental doctrines of constitutional search and seizure law were revolutionized in part by the Supreme Court in the 1960s by?
The Warren Court
New Jersey search and seizure law?
The New Jersey State Law for search and seizure is the search can only be justified if the person conducting the search has a warrant or something he/she sees is in plain sight. If at school the personnel can conduct a search if that staff member has reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline or something in plain sight led that person to believe such activity as happening at fault of the student.
What is a fleeting-target exception?
An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant. The fleeting-targets exception is predicated on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency
What has the author Brent Dean written?
Brent Dean has written: 'Search and seizure law guidebook' -- subject(s): Handbooks, manuals, Handbooks, manuals, etc, Searches and seizures 'Arrest law guidebook'
Can a minor be search and questioned by school official without a parent present in Berkeley California?
Yes, the shcool acts under the doctrine of En LocoParentis, and as the school is not a law enforcement agency they are not subject to the rules and laws of search and seizure which limit law enforcement agencies.
Fundamental doctrines of Constitutional search and seizure law were revolutionized in part by the Supreme Court in the 1960s by?
The Warren Court
What has the author William P Weiner written?
William P. Weiner has written: 'Michigan's basic law of arrest & search and seizure' -- subject(s): Arrest, Searches and seizures
