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The obtained evidence will probably be ruled inadmissable in court. This is known as the "Fruit of the Poison Tree" doctrine, which also applies if evidence that was legally obtained was from an illegal search or illegal source.

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12y ago

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How can one obtain a trespassing warrant?

To obtain a trespassing warrant, an individual must file a report with the police providing evidence of someone unlawfully entering or remaining on their property without permission. The police will then investigate the claim and, if sufficient evidence is found, a judge may issue a warrant for the arrest of the trespasser.


Can police search cell phones for evidence without first needing a warrant?

Well, if the police department thinks that a cell phone may hold important evidence, then there is no need for a warrant. By the time the warrant is issued, the evidence may have been already destroyed or deleted.


Can the internet be tapped and used for evidence without warrant?

Unlike the telephone, information posted on the internet is open to the public. Anyone can view it, it is not necessary to "tap" it, and the police can collect it and use it as evidence without a warrant, much as they could watch your behavior in public and use it as evidence.


When is electronic evidence usually inadmissible?

Electronic or digital evidence is often inadmissible if it was obtained without any authorization whatsoever. Without a warrant even solid evidence can be rendered useless.


When can law enforcement collect evidence without a warrant?

An officer of the law can only search for evidence if they have reasonable cause in doing so. All persons do however have the right to see a warrant before allowing a search, which is their right. All officers are aware of this, however, and if asked will produce a warrant. Without this warrant the evidence may be inadmissible in the court of law.Law Enforcement does not have to show you the warrantprior to serving it, or arresting you. Simply the knowledge that the warrant exists is sufficient for them to conduct their activity.They must, however, leave a copy of a search warrant at the residence, if it was a search warrant for a home, and an inventory of things taken, if any.


Can police legally search your trunk without a warrant or probable cause?

In general, police can search your trunk without a warrant or probable cause if they have your consent or if they believe there is evidence of a crime in the trunk.


If the search warrant is wrong can the police still used the evidence they found against you?

No. If the search warrant is invalid and they illegally searched you or someone you know (like without reasonable cause, or without the warrant) then they can't use any evidence against you. To the best of my knowledge, anyways. I don't know how many ways a search warrant can be wrong though...if they were searching for like, pot, but found cocaine, they CAN use that though. Or a gun, or something like that. If they have the warrant, they can use it. If they searched without the warrant, its invalid and inadmissible 100%.


Can a warrant be issued without the defendant knowing?

Yes. This happens in most cases.


According to the Forth Amendment, what can't police do?

Use evidence in court if they obtained it without a warrant


What is needed to acquire a house search warrant?

A search cannot be conducted without a warrant, which cannot be obtained without evidence of reasonable suspicion. This reasonable suspicion is often referred to as probable cause.


The plain touch doctrine allowws seizure of evidence from a suspect without a warrant but limits the purpose of the search that discovers the evidence to look for?

Weapons.


What is a illegal activity without a warrant?

An illegal activity without a warrant typically refers to actions taken by law enforcement that violate an individual's Fourth Amendment rights, such as conducting a search or seizure without probable cause or judicial approval. For example, entering a private residence to search for evidence of a crime without obtaining a search warrant would be considered illegal. Additionally, wiretapping or monitoring communications without a warrant also falls under this category. These actions can lead to evidence being deemed inadmissible in court.

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