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Blog Posts in Search & Seizure

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  • Cellphone Search: Is It Legal?
    Cellphone Search: Is It Legal?

    Cellphone are ubiquitous in our American society – almost everyone from adults to children has or has access to one. Historically, the issues regarding the legality of warrantless searches and ...

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  • Constitutional Requirements for a Valid Warrant
    Constitutional Requirements for a Valid Warrant

    Law enforcement and citizen interactions occur on a daily basis. If those interactions involve a search or seizure of property, the general rule is that a warrant is required. Law enforcement will not ...

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  • I Did Not Consent to the Search
    I Did Not Consent to the Search

    Consent within the criminal justice system allows law enforcement to search with or without probable cause or reasonable suspicion. For consent to be lawful the person must be authorized to give ...

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  • What happens when a search is unconstitutional?
    What happens when a search is unconstitutional?

    Oftentimes, law enforcement will conduct a search of a person, their property, or residence without a warrant. A search without a warrant is presumptively illegal. To obtain a search warrant, law ...

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  • Arrested During Pride Weekend San Diego 2014?
    Arrested During Pride Weekend San Diego 2014?

    San Diego's Pride Weekend kicked off Friday night, July 18, 2014 and ran through the weekend. This was a great time for the Gay, Lesbian, Bisexual and Transgender (LGBT) communities and San Diego ...

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  • Can the police search my cell phone without a warrant?
    Can the police search my cell phone without a warrant?

    The United States Supreme Court will decide two cases to determine if the police can search someone's cell phone after an arrest without a warrant. These two cases are Riley v. California and United ...

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