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Search and Seizure

Search and seizure is the process in which law enforcement or other investigating agencies go through a person's property when a crime may have been committed. They confiscate anything that may serve as evidence towards the crime.

227 Questions

When is a search considered lawful?

When they find probable cause, you told a friend you did it and where you hid the evidence, that would be probable cause.

Would you be waiving your 4th amendment if the police said they already had a search warrant but you never seen it and consented them to enter your home?

By consenting to anything the police ask you, you are waiving your rights. The Supreme Court ruled that the police do not have to inform you of all your rights (just your Miranda rights when being placed under-arrest) nor do they have to be honest when trying to get you to waive your rights. A good lawyer might could argue that probable cause wasn't established so the search is inadmissible, but chances are slim that a Judge will buy it.