Curtilage – Can a Police Officer Search Your Yard Without ...

Curtilage – Can a Police Officer Search Your Yard Without a Warrant? Dec 29, 2016. In State v. Bash, a unanimous S.C. Supreme Court upheld the circuit court's suppression of powder and crack cocaine based on the officers' unconstitutional search of the defendant's yard without consent or a warrant. An officer testified at trial that ...

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Know Your Rights: Police in Schools | ACLU of Washington

YES. In Washington, lockers are considered school property, so schools can agree to allow officers to search. If you have possessions in your locker (like a purse or backpack), the officer probably can't search them without a warrant or other exception. If your belongings have been wrongfully searched, you may want to call a lawyer.

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When can a police officer legally search your bag? | …

Your California Life; ... the Court found officers did not legally have to inform a person that consent to a search without a warrant or probable cause is a choice. Police can pose a search …

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SEARCHING A VEHICLE WITHOUT A WARRANT

WITHOUT A WARRANT Inventory Searches Bryan R. Lemons Senior Instructor In this article of the Quarterly Review, I will discuss searching a vehicle without a warrant during an inventory search. Again, in discussing this exception to the Fourth Amendment's warrant requirement, the background, requirements, and scope of the search will be addressed.

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Cops can't break these rules if you're pulled over ...

For example, if an officer sees drug paraphernalia lying on the floor of your car, they have enough reason to perform a full legal search on your vehicle without needing a warrant. When you're arrested. If the police have enough evidence to justify arresting you during a traffic stop, they're allowed to search your car as well.

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California search & seizure laws - A defense lawyer explains

And, finally, if police in California searched your cell phone without a warrant before June 25, 2014, while you were under lawful arrest, prosecutors probably can use that evidence against you. 50. This is because—prior to that date—the law in California was such that warrantless cell phone searches under these circumstances were legal. 51

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What You Need to Know About Probation Searches in California

In other words, if your probation officer stops at your home, he or she has legal authority to search your house or your vehicle — without a warrant. Importantly, the officer can only search the areas of the home that your normally use, such as your …

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Can Police Take Your Phone for Evidence Without a Warrant ...

Search Warrant: If the courts issue a search warrant, police can take your phone and go through it. However, the warrant must specifically say that they have the permission to do so. For example, a search warrant on your home may not allow law enforcement to go through other items. Probable Cause: In order for a judge to issue a warrant, the ...

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"Search Warrants" in California - 7 Key Things to Know

A search warrant in California authorizes law enforcement to search a person, a residence, a vehicle, a place of business, or any other specified area suspected of containing evidence of illegal activity.Once police find the evidence they are seeking, the search warrant allows officers to seize that evidence.. Unless a search is (1) authorized by your consent, (2) incident to a lawful arrest ...

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Can the police search a backpack with a lock on it ...

Can the police search a backpack with a lock on it? If the cops were to stop me without a warrant, and ask to search my bag with a lock on it but I declined, are they able to seize it, or even make me open it, or break it and open it themselves.

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Are police allowed to search a hotel room without a warrant?

No. A hotel room is like a person's home and a warrant is required before police can enter. A hotel manager does not have the authority to allow the police to enter and search the rooms of guests. People v. Burke, 208 Cal.App.2d 149. It is possible, however, to give up your right to privacy in a …

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Can an officer go through my backpack without my ...

Answer (1 of 2): It depends. If they have probable cause to believe you have something illegal in it, yes. If they're arresting you while you're wearing it, they'll likely justify that as a "search incident to arrest", both to inventory the contents and make sure it's safe to transport. And of c...

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Illegal Search and Seizure FAQs -

A search warrant is an order issued by a judge or magistrate that gives permission and authorizes the police or other law enforcement agency to conduct a search of a location or person and to seize any evidence of a criminal offense. The search warrant is addressed to the person to be searched or to the person who owns the premises to be ...

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Can cops search my backpack without my consent but lie on ...

Answer (1 of 3): Cops lie a lot. Usually to someone they suspect, to trick the citizen into talking when they should remain silent. If the is probable cause, such as you had a knife or gun on a school campus sort of deal, they may well use that to search you. If you had a knife, how did police k...

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Vehicle Search Without Warrant in California | West Coast ...

Often, a client will ask us how police searched their car without a warrant. Time and time again, that is the case. Whenever you drive, whatever you have in that car, you can be subject to a search without a warrant. In the state of California, there are certain exceptions to the search warrant requirement.

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Search and Seizure in Your College Dorm | Onward State

Search and Seizure in Your College Dorm. By Andy. 1/4/10 9:00 am. Can the campus police search your dorm room without a warrant? A startling new ruling suggests "yes.". In 2007, Boston College police officers received a tip that two students were harboring weapons in their dorm room. Three officers and two residence life officials knocked ...

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Fourth Amendment Rights and Searches at School: Frequently ...

When can a teacher or principal search a student's phone, locker, or backpack? Can a school force you to take a drug test or conduct a strip search? What is "reasonable suspicion" for searches at school? Learn how Fourth Amendment privacy rights against unreasonable search and seizure apply at school.

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LOCKED CONTAINERS - AN OVERVIEW - fletc.gov

enforcement officer can use to search locked containers. WITH A WARRANT The Supreme Court has expressed a strong preference that law enforcement officers obtain a search warrant before conducting a search of any kind. Searching a locked container is no different.1 The confusion that surrounds the decision to search a locked container begins ...

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Can Police Search Your Car Without a Warrant?

Police can still search a vehicle without a warrant if they have the consent to do so from: the driver of the car, or. the person who has control of the vehicle. 3. Note that this consent is only valid if it is freely given. It is illegal for the police to force or coerce a driver to consent in any way. 4.

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Police Searches After an Arrest: Scope and Intensity | Nolo

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:_10-59-58. Police officers don't need a warrant to make a search "incident to arrest." After an arrest, officers have the right to protect themselves by searching for weapons and to protect the legal case against the suspect by searching for evidence that the suspect might try to ...

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If my backpack is locked with my lock can a cop take the ...

The police cannot randomly approach you and force you to allow them to search your backpack. You have the right to refuse to consent to their search of you and your backpack without a warrant. Typically, the police will approach and ask you if you have anything on you that is illegal. You do not have to answer their questions!

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What's On Their Minds: Can Law Enforcement Search a ...

At issue in this case is whether law enforcement officers can search a partially open backpack, found in plain view inside an individual's home, without a search warrant. ... So, if a person is subject to a weapon under a disability provision and that person has a gun case the police can open that case without a warrant.

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When Can California Law Enforcement Search Your Home ...

If the police are searching for a person who they think is being held captive or hurt under the exigent circumstances theory, then they can't go through your computer without a warrant. The search is only as broad as is justified by the exception. Criminal cases can be complicated, and may involve challenging how the police gather evidence.

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When Can California Police Search My Home?

In the vast majority of cases, police in California need a valid search warrant to search your residence (house, apartment, mobile home, etc.). 1. But there are several major exceptions to this rule. Police may search your home without a warrant when any of the following is true:. You (or someone else with authority over the premises) have given your consent to a search of your home; 2

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When Can Police Search Without a Warrant? | Riverside Bail ...

The reason it's so important to know when the police can and can't search without a warrant in California is because if the police conduct a search without a warrant and find incriminating evidence, there's a chance that evidence will have to be removed from your case if the judge determines that the officers should have gotten a warrant ...

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Can A Police Officer Search Your Yard Without A Warrant Law

Police Searches of Backyards Nolo. 9 hours ago And the public's ability to see into your yard is a factor supporting officers' legal authority to search it without a warrant.For example, a police officer who is in a publicly accessible place but can easily see something incriminating in your yard can probably cite that evidence in support of a warrant to search your home (and yard).

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California Cops Can't Search Vehicles for ID Without ...

California Cops Can't Search Vehicles for ID Without Warrant (1) California police can't search inside a suspect's vehicle for identification if the driver refuses to produce a license and registration on demand, the state Supreme Court ruled Nov. 25 in a case of first impression. The justices concluded police made an unreasonable search ...

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Supreme Court Restricts Police Powers To Enter A Home ...

Chris Carlson/AP. The U.S. Supreme Court ruled Wednesday that police cannot always enter a home without a warrant when pursuing someone for a minor crime. The court sent the case back to the lower ...

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Was it legal for the police to search my car during my ...

Police believe they have probable cause to search your car for illegal immigrants. During the search, they opened a pocket on your backpack and found a flask of liquor. There was no way an immigrant could be hiding the backpack, so opening it was not part of their legal search. You can see how complex the rules of searches can be.

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In California, Police Can Still Search Your iPhone Without ...

California Senate Bill 914, introduced by state Senator Mark Leno (D-San Francisco), would make it illegal for the police to search a person's mobile device during an arrest without a warrant. It received nearly unanimous support in passing the state legislature, 70-0 in the assembly and 32-4 in the Senate.

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Search Incident to Arrest :: Fourth Amendment -- Search ...

Chadwick, 271 emphasizing a person's reasonable expectation of privacy in his luggage or other baggage, the Court held that, once police have arrested and immobilized a suspect, validly seized bags are not subject to search without a warrant. 272 Police may, however, in the course of jailing an arrested suspect, conduct an inventory search of ...

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Can police search a locked container? - All Your Queries ...

Police Can Search Impounded Cars Without a Warrant If the police have towed and impounded your car, they have the authority to search your vehicle. This inventory search can be as comprehensive as the police wish, and will most likely include opening any locked compartments or boxes found within your car .

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Searching Passengers and Their Belongings | Nolo

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:_10-02-22. If police lawfully stop a car, are they allowed to search passengers and their belongings? As with many legal questions, the answer depends. The Fourth Amendment protects against unreasonable searches and seizure.

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Can a police officer search your house without a warrant ...

Can a police officer search your house without a warrant? Your home and the area immediately surrounding it, known as curtilage, is your private property and anyone, including law enforcement, who venture onto your home or curtilage for the purpose of a search without a warrant is trespassing.

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Can a teacher search my backpack without consent or police ...

Can a teacher search my backpack without consent or police with a warrant? Close. 0. Posted by 3 years ago. Archived. Can a teacher search my backpack without consent or police with a warrant? Some kid in my gym class got his phone stolen and we have been sitting for an hour waiting for an admin can I just say I will decline search and leave?

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Unlawful Search of Bags by Police - Keates Law Firm

The 4th amendment protects against the unreasonable search of an individual's property, including bags and purses, however, in some situations law enforcement can search bag, backpacks, purses, and other belongings without a warrant. There is no separate exception that allows officers to search a bag or belongings, however, coupled with the ...

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