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State and federal laws vary as to whether a juvenile who is temporarily detained by law enforcement officers may be photographed. If a photograph of a juvenile has been taken by the police, consider consulting an experienced juvenile defense attorney.
→ Read MoreConsent, whether of a minor or not, typically becomes an issue when officers do not have a warrant or an excuse that would eliminate the requirement for a warrant. A judge typically considers four factors to determine if a person was legally able to consent to a search.
→ Read MoreSchools and school employees are allowed to search students within reason, and conduct reasonable searches and seizures of school property and the personal property of juvenile and adult students. Student searches may be conducted on school grounds or at school activities, including off-campus field trips.
→ Read MoreWhen a police officer conducts an illegal search and seizure the evidence obtained as a result of the illegal search cannot be used against you. This usually results in a dismissal of the case if no other evidence besides that obtained in the search exists to support a conviction.
→ Read MoreThe U.S. Supreme Court has decided that cops can search and seize abandoned property. In essence, once papers or contraband have been thrown into a trash receptacle, it is considered ‘abandoned’ and anyone, including the police, can look through it and claim ownership. A trash search will not constitute an illegal search and seizure in the eyes of the law.
→ Read MoreA quick read of the 4th Amendment makes it clear that all persons have a right to be secure in their persons, houses, papers, and effects against unreasonable search and seizure. The basic dictionary definition of terms like unreasonable, search, or seizure are also seemingly easy to read and understand. Despite the simplicity of the terms used in the 4th Amendment, interpretations of laws regarding unreasonable search and seizure comprise one of the most hotly contested areas of criminal litigation today.
→ Read MoreThe police cannot stop and pat down someone on the street without reason. This is based in the constitutional guarantee that every person has the right to be free from “unreasonable search and seizure” as detailed in the 4th Amendment.
→ Read MoreLaw enforcement officers may conduct a police search of a juvenile and their property. Law enforcement officers must provide juveniles with the same Fourth Amendment protections as adults.
→ Read MoreThe question of whether police officers can seize and search a cell phone typically comes up after a search has occurred. You can challenge the legality of the search and the admissibility of evidence resulting from the search. You can address the issue of the search and seizure in a civil case for invasion of privacy by the police. You can also do so in a criminal case against you initiated by the State.
→ Read MoreWarrantless searches are not allowed unless the search is reasonable. Find out more about warrantless searches in this article.
→ Read MoreFind the right lawyer for your legal issue.
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