• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.
  • 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.

Unconstitutional Arrest and Warrant

knightz77

Junior Member
#1
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.
 


FlyingRon

Senior Member
#2
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.
 

quincy

Senior Member
#3
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.