• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

illegal search and seizure????? please help

  • Thread starter Thread starter Kefka
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

Kefka

Guest
a friend of mine is a suspect in some crimes that have been going on (such as broken car windows ect). A cop called his house and asked if he could come over to LOOK at his BB guns ect. When the cops arrived they looked around, but also TOOK the guns, and a sword (a sword store was broken into, go figure). Is that legal since they didn't have a warrent and didn't have permission to take the items. My friend only gave them permission to look at them. Please help, thanks.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Kefka:
a friend of mine is a suspect in some crimes that have been going on (such as broken car windows ect). A cop called his house and asked if he could come over to LOOK at his BB guns ect. When the cops arrived they looked around, but also TOOK the guns, and a sword (a sword store was broken into, go figure). Is that legal since they didn't have a warrent and didn't have permission to take the items. My friend only gave them permission to look at them. Please help, thanks.<HR></BLOCKQUOTE>

My response:

This issue is quite an old Constitutional issue. Your friend gave permission to enter, without a warrant, which waives certain privileges under the Fourth Amendment. In a nutshell, once the police see, in plain view, items which may be stolen property, or potentially used in a crime, they are allowed under the law to immediately seize the items for potential identification by the "rightful" owner and/or testing for purposes of determining whether such items may have been used in a crime. If the items are found not to be stolen, or not part of a crime, the police will return the same to your friend.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

lawrat

Guest
I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.

IAAL is right, as usual, but arguments could be made:

1. Your friend gave consent to enter the home, not to seize items. Immediate seizure can only take place (a good argument could be made) within the immediate armspan of a suspect who is legally being arrested (exigent circumstances or warrant).

2. Police entered only upon reasonable suspicion, hardly a high enough threshold to seize items.

3. HOWEVER, if your friend doesn't want to risk additional police intrusion, then I suggest sitting back and chillin' out for a while.

Hope this helps.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top