What constitutes an illegal search and seizure?

UPDATED: Dec 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What constitutes an illegal search and seizure?

The FBI raided my old house (House A) in search of my computers. I hadn’t lived there for a month or so. My brother was at the house. They confiscated his computers and interrogated him, asking where I lived. He told them that I had moved to my mom’s house (House B). I did not officially live at House B, and my name is, in no way, linked to the address. They proceeded to raid House B about 2 hours later, finding computers that are alleged to be mine. Is this a violation of the 4th Amendment, considering they had no evidence?

Asked on December 10, 2011 under Criminal Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An illegal search and seizure results when a stop of a person and a search of the person or a residence is done without any probable cause. The absence of probable cause results from when there are no facts that a reasonable person would believe that a crime has occurred.

In your situation most likely the raid by the FBI resulted from an affidavit resulting in the issuance of a search warrant. In order to determine whether the search of the two homes had no factual or legal basis, one would have to carefully read the search warrant and the affidavits supporting its issuance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption