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Search and Seizure / arrest laws

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anoninva

Junior Member
What is the name of your state (only U.S. law)? Virginia


I have a friend that asked what I felt were some strange questions and would not answer me entirely as to clarify. He thinks that the person he is renting a room from might be using the computer for illegal purposes. He is afraid that is something happens that he will be arrested with out proof and his possessions will be taken since he lives there and uses the same internet systems. He has never lived on his own so sadly his computer is his life so the thought that his computer will be taken and wiped before given back freaks him out. I have no idea what he thinks is going on but he is worried that even if he is only taken into custody for questioning on the matter he would lose his job and the ability to work at anything but fast food.

His paranoia aside is there any legal fact to this? Can his property be taken if one person in the house is suspected of using a computer for illegal purposes? Can he contest any warrants that require the turn over of any electronic equipment? Can they even take his property if he is not there? Can he be arrested for being in house as something illegal is happening if he has only a suspicion? If he is taken into custody is there any way to lose a job or get some sort of record over unknowingly renting from a criminal? If his property has nothing illegal on it will it be returned unharmed even if he has to petition for the return?

Thanks

Anon In VA
 


antrc170

Member
Can his property be taken if one person in the house is suspected of using a computer for illegal purposes? Can he contest any warrants that require the turn over of any electronic equipment?
Yes they can take the computer and interfering with the warrant possession of it is a crime.

Can they even take his property if he is not there?
yes they can take it if he is not there

Can he be arrested for being in house as something illegal is happening if he has only a suspicion?
If the authorities have reason to believe that he or someone using that computer is doing something illegal then he can be arrested.

If he is taken into custody is there any way to lose a job or get some sort of record over unknowingly renting from a criminal?
The boss can fire him for getting arrested and missing a shift, or just because it cloudy if he wants. I can't think of any search tool that would specify a person was renting from a criminal.

If his property has nothing illegal on it will it be returned unharmed even if he has to petition for the return?
After the property has served its use as evidence, and IF the authorities don't sieze it according to law then it will be returned.

It sounds to me the more likey situation is your friend is doing something illegal on his computer and is trying to come up with a plausible defense by saying this his landlord is doing it. If the computer is owned by your friend why isn't it password protected? Why doesn't he install some software to track changes to the harddrive?
 

BOR

Senior Member
I have no idea what he thinks is going on but he is worried that even if he is only taken into custody for questioning on the matter he would lose his job and the ability to work at anything but fast food.
In the United States, there is no such thing as taking in someone for questioning/investigative detention, unless consent is given.

In other words an officer says "we are taking you in for questioning". Ask if you are under arrest, if they say no, then you don't have to go.

His paranoia aside is there any legal fact to this? Can his property be taken if one person in the house is suspected of using a computer for illegal purposes?
The 4th AM:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A SW must contain what the bold states. Now this does not mean if they are searching and say cocaine is in plain view, they can not seize it and charge you.

If they believe evidence is on a computer, you can bet that will be listed in the SW along with files, etc.


Can he contest any warrants that require the turn over of any electronic equipment?
On the spot, no. Any challenge needs to be post seizure.

Can they even take his property if he is not there?
Sure can!

Can he be arrested for being in house as something illegal is happening if he has only a suspicion?
An arrest requires probable cause, not suspicion.

If he is taken into custody is there any way to lose a job or get some sort of record over unknowingly renting from a criminal?

Loosing or keeping his job is between his employer and him, period.

If his property has nothing illegal on it will it be returned unharmed even if he has to petition for the return?
When it is no longer considered evidence, yes, he can get it back unless it is subject to permanent forfieture, which is unlikely here.
 

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