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if there is belief of illegal activities
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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.
Whats the Difference between search and arrest warrant?
A search warrant allows the officers to enter and search your home or office, whatever is specified in the warrant. An arrest warrant allows the officers to take the offender into custody AND search the area where the offender was located.
Can police search a person without a warrant?
It depends on the circumstance. A police officer cannot randomly search a person for no reason; however, there are many situations in which an officer can search without a warrant. Among those is probable cause and exigent (or emergency) circumstances. An officer, also, has the ability to do an outer-clothing patdown if they have reasonable suspicion that an individual is armed (Terry v. Ohio, Terry Stop, or Stop and Frisk). An officer, also, has the ability to conduct a search of the suspect after an arrest has been made (Search Incident to Lawful Arrest).
Who gets arrested after a search warrant is executed?
A search warrant is a document signed by a judge that allows the police to conduct a search of a property or person. Arrests are made based on evidence discovered during the search. Who gets arrested depends on who owns the property being searched, the item being searched, what type of evidence is discovered, and other factors.
Can a search warrant just say stolen property when the cops have the items documented in their investigative file or does the warrant have to be specific?
IF a lengthy inventory list of items was attached to, AND MADE A PART OF the warrant, as a 'supplemental page' they need not re-transcribe each and every item individually.
What are the instances of warrant less arrest?
In California an arrest for a misdemeanor can be made without a warrant IF the offense was committed in the presence of the officer/citizen making the arrest ( see penal code section 836 & 837. Arrests can also be made for a felony without a warrant IF a felony has in fact been committed and you have probable cause/reason to believe the person committed the felony.
Got pulled over because did two stop to avoid hitting a kid and you had your son in car in car seat can they search car they made you take your son out of car?
The Fourth Amendment secures the rights of Americans to be secure in their person, property, or residence from unlawful search and seizure. If you are pulled over, the LEO can not search your vehicle without probable cause, unless they view something under the plain sight rule. If the LEO sees a pound of weed on the front seat, then they can search the vehicle. If there is nothing to give the officer probable cause, then they can not search without a warrant. If a Law Enforcement Officer intends to illegally search the vehicle. You may acknowledge, and state, that you believe it's an illegal search; however, do not resist in any way. If the search is truly illegal, the evidence they obtain will not be allowed in court. Resisting the search is a good way to cause harm to yourself, and you may be violating other laws in the process.
Does a police officer need a search warrant to enter my house?
Depends on the situation. If the police feel there is a need for emergency action or there is a life-threatening situation in the house then the police don't need a search warrant, they also have probable cause at their disposal.
What is seizable offence and non-seizable offence?
Seizable offence means police can make an arrest without a warrant. Non-seizable offence means a warrant is require before an arrest can be made.
If your house was raided by the cops and drugs was found but there was no arrest made can the police file charges in the future?
It is impossible to determine from the info given in the question why no arrests were made. In order to answer the question, one would have to know the purpose of the search warrant. Was it simply to seize the illicit drugs or was it done to identify who "possessed" them? The knowledge gained by the authorities during the successful drug seizure CAN be used as a basis for future law enforcement action.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists. Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person. Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
If a warrant is in the system and it is gone without a arrest made what happened to it?
Don't know. . . a guess might be that it was withdrawn by the court or agency that issued it.
