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Posts tagged "Illegal Search And Seizure"

Supreme Court to review traffic stops

Motorists have a right of privacy while they are in their vehicles. But, stopping motorists often leads to the filing of criminal charges, such as drunk driving, drug charges or theft. Earlier this month, the U.S. Supreme Court agreed to hear an illegal search and seizure case involving a traffic stop in Kansas.

Vehicle black box is a serious witness

Recognized as presenting information in airplane accidents, an event data recorder or black box is now standard equipment in American vehicles. Suspects may begin to claim that seizure of black box data is an illegal search and seizure because police are now equipped to gather and use this evidence.

Greyhound passengers advised of constitutional rights

Passengers on buses and other transportation do not leave their fourth amendment constitutional rights at the curb. In response to recent demands for identification by federal immigration officers, Greyhound issued an advisory to bus passengers about their rights against illegal search and seizure.

The "fruit of the poisonous tree doctrine" and criminal searches

The search of a Mesa resident's home or vehicle by law enforcement officials may be a stressful and upsetting process. It can be incredibly difficult to see law enforcement officials go through one's personal items and, if they allege to have found incriminating evidence, law enforcement officials may move forward with the arrest of the individual in question. It is therefore imperative that searches performed pursuant to alleged criminal matters are done in accordance with the law.

Defending against illegal searches

It can be incredibly traumatic to witness law enforcement officials rifling through one's personal possessions, tearing through their home or emptying out the contents of their car for all of the world to see. Although in some cases it is legal for Arizona police officers to perform these extensive searches of suspects' property, in other situations law enforcement officials may overstep their boundaries and may perform searches that violate individuals' constitutional rights.

What is probable cause?

Ask any Arizona parent if they can tell when their child is up to no good and they will probably say "yes". Parents tend to have a sixth sense when it comes to their children's behavior and for the most part the hunches and suspicions they harbor are generally spot-on. A parent can base punishments and consequences on the bad actions they find out their kids have committed when the parents act on their hunches.

What makes a law enforcement search illegal?

Arizona residents are right to expect some level of privacy in their personal lives. For example, they should expect that the can live as they please within the law within their homes without the threat of law enforcement officials barging in and investigating their actions and property. However, under some circumstances police and other government officials are permitted to make searches and seizures of private citizens' property when they are investigating suspected criminal conduct.

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The Nolan Law Firm
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Mesa, AZ 85204

Phone: 480-359-3457
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