What constitutes an illegal search and seizure?

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What constitutes an illegal search and seizure?

The legal authority in my home gave consent to search 2 rooms in my home, the police searched many other rooms and extracted evidence from places the legal authority did not authorize them to go.

Asked on May 22, 2012 under Criminal Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This is the language of the 4th Amendment that requires the police to get a search warrant to search your home, unless you give them consent. Consent means that you have allowed them in, with the understanding that a search may be performed. Unfortunately, there is no set "cut-off" point or search limitation the police may have if consent was given. You may be able to argue that the scope of the search was unreasonable and required a warrant, but this argument may not hold once its been established that a consent was given.

 


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