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  1. #1
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    Sep 2017
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    Unconstitutional Arrest and Warrant

    I had a search based on false made up out of thin air charges, but that has nothing to do with my question. My question is that there was no crime and there's barely any probable cause if any, and it's based off of someone's word who has mental illnesses. The search warrant says to seize and search all computers and "all contents" on said devices. So if I had school work they can keep that as part of the search warrant. Isn't that unconstitutional? I live in Virginia.

    Thanks.


  2. #2
    Join Date
    Feb 2007
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    The Constitution requires a warrant. Apparently, there was sufficient cause to convince a judge to issue the warrant. The search is therefore Constitutional. There's nothing in the Constitution exempting school work.


  3. #3
    Join Date
    Jan 2007
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    Quote Originally Posted by knightz77 View Post
    I had a search based on false made up out of thin air charges, but that has nothing to do with my question. My question is that there was no crime and there's barely any probable cause if any, and it's based off of someone's word who has mental illnesses. The search warrant says to seize and search all computers and "all contents" on said devices. So if I had school work they can keep that as part of the search warrant. Isn't that unconstitutional? I live in Virginia.

    Thanks.
    Unconstitutional because you had schoolwork on a computer that was seized on a search warrant? No.

    Most computers that are seized pursuant to a warrant will have material that is legal to have on a computer. The search is for what is NOT legal on the computer (e.g., child pornograhy, copyright-infringed material, terrorist threats ...).

    Because search warrants are rarely issued based solely on a mentally ill person's word, I suspect there is more to your story than what you have said here.

    Whatever the full story is, it sounds very much like you need the services of a criminal defense attorney. The attorney will look at the legality of the search, and the reasons behind it, and assist you in defending against any criminal charges filed against you.

    Good luck.


  4. #4
    Join Date
    Jan 2005
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    California
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    71,240
    Quote Originally Posted by knightz77 View Post
    ... there's barely any probable cause ...
    In other words, you acknowledge there was probable cause.


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