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Saturday, October 24, 2009

What should happen to police when they conduct an illegal search and seizure?

SHOULD THE EVIDENCE THEY FIND BE SUPPRESSED?
OR DOES IT DEPEND ON THE SITUATION AT HAND?

should there be limitations on the fourth amendment?
Answers:
Anything seized in violation of the 4th Amendment is suppressed. I can point out cases where this has occurred....they do not involve the horrendous conduct posted about in another answer (just simple 4th Amendment violations). The 4th Amendment is a complex thing that requires someone to be up on case law and legal updates of the state they work in. People who do not understand the Constitution usually don't try to remedy the situation by studying it. Instead they get mad at the Police Officer that does understand it and uses it properly. These people usually resort to calling us Pigs (or Swine really) because it is much easier to throw sticks and stones then to do something about their ignorance. The Bill of Rights is there to protect you from an over reaching government not to help you break the law.
If you have a specific question e-mail it to me (thru freelawanswer.com s) and I'll answer it for you and find you the appropriate case law.
I really wish they could do them any where at any time. Then just maybe we could get the drug dealers, gun sellers, robbers, and punks off the streets. I would love to be able to go for walks at night again without fear.
If it's illegal, then anything they find cannot be used as evidence in court. How do you know it was illegal though? I need more details.
There is a limitation to the 4th amendment. Searches cannot be conducted without Probable Cause. There is such things as warrantless searches but again, there has to be Probable Cause. PC is very strong to use as authorization for a search. So I guess it depends on the situation at hand. What you might consider an Illegal Search, could very possibly be legal by the letter of the law. If you can state facts you might get a better answer.
WELL. this "warrants" (excuse my pun) a link to my Myspace!
www.myspace.com/Pinko_Mayhem
now, it does NOT depend on the situation at hand.
UNFORTUNATELY. Illegal Search and Seizure is very hard to prove due to the elevated status of "Police Officers" in Society.
Unfortunately, for years and years now, "police officers" or "Pigs" (swine, really) have been allowed to run rampant in our country, with only the most EXTREME cases of police brutality, lies, extortion, rape, murder with only the most carefully documented evidence are ever brought to justice.
in fact, as I type, our country falls even deeper into the "police state" and our civil liberties are stripped away.
I guess I didn't really fully answer the question in all of that though, When an Illegal Search and Seizure is performed, all related charges should be dropped, and the officer's involved should be suspended pending investigation. ultimately leading to the officers expulsion from the "force" in the case of repeat offenders, yes, offenders, like "criminal" for it is against the law for an officer to illegally search OR seize!
unfortunately, it doesn't work that way. occasionally you will be exonerated of your alleged crimes, but usually, the evidence is allowed in court, and will be used to damn you to the "full extent of the law"
Peace%26Love
M(A)YHEM

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