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  1. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    Yet, states often come up with protections that EXCEED 4th Amendment requirements. That is why it is important to examine the details of such law in each state and why one cannot assume that such...
  2. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    The problem is that some states have clamped their own restrictions on the use of trash, and some local agencies have similarly restricted it as a matter of policy rather than law. So, it's not...
  3. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    I agree. I think the only time it might be an issue as to the what and how is IF the defense tries to suppress the PC for the warrant. Often, when all you have is a shot in the dark, you take it. ...
  4. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    There shouldn't be an issue unless they co-mingled the trash in a truck with OTHER trash. It might require having to subpoena those employees, but, if they retrieve it from that one house and bring...
  5. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    Your attorney can try and challenge the collection of the evidence as they see fit. I suspect, however, that if the police did it that way that they had the people collect it and take it to them...
  6. Search and Seizure: Re: Evidence Collected to Obtain Search Warrant

    Unless Iowa extends some right to privacy to trash placed at he curb, you're probably out of luck. Your attorney will know for certain.

    When it comes to the probable cause necessary for a search...
  7. Civil Rights Issues: Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    NOT a term commonly used when it is not punitive. Typically, it would be, "Placed on administrative leave (while we investigate)" or something similar. Seems ... odd.
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    Violation & Enforcement: Re: No 3rd Party Contact Clarification

    But, if the defendant HAD been venting and not intended the statements and images to get to their ex, it had the same effect. The point being that even if there is no intent, the actions can lead to...
  9. Civil Rights Issues: Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    I'm very surprised that they might have provided you as much info as they did regarding the process of any internal investigation, most pointedly that he had been "relieved of duty". Such a comment...
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    Violation & Enforcement: Re: No 3rd Party Contact Clarification

    I cannot say what the law might be in Illinois, but out here third party contact through a variety of, arguably, unintentional means can still result in convictions. There are a number of ways by...
  11. Re: How is a State School University Police Department Funded

    This also happens in cities and counties. Before I worked for the University I spent a quarter century in municipal policing. Even there, some people would have a favorite officer you would report...
  12. Re: How is a State School University Police Department Funded

    The University I am affiliated with has the same sort of issue. Victims or reporting parties get comfortable with an officer or department and continue to make related calls to that agency or...
  13. Traffic Court Issues: Re: Translation of 'Tbd,' 'Tb' and 'Epayi' Case Flags in California Traffic Case Sear

    It should be noted that CA Traffic Courts rarely ever issue arrest warrants any longer, pursuant to a change in the CVC in 2017 (CVC 40509.5(d)). An FTA for an infraction generally results in a...
  14. Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    That's fine. Object, but don't interfere. Out her, I've never known acquiescing to a court's order equating to consent,however,and I believe thereis case law to that effect. I'd have to do the...
  15. Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Of course, if they appeared at your door with a search warrant, you likely would not know what info was used to obtain it, and the cops are not going to stand outside and adjudicate the merits of the...
  16. Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    SOUNDS like the OP believes this guy is a bad guy and has given the DMV the OP's address ... but, for what, I'm not certain. Mailing address for a DL or ID Card? He appears to have since corrected...
  17. Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    HOW does the OP know this? Has the guy gotten mail there? Hence my question. I have heard a great many people make similar claims over the decades without any real proof other than paranoia or...
  18. Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    First of all, how would the police know who he gave his "mailing address" to? It's not like there is a master database of Amazon Prime accounts, or Publisher's Clearing House addresses out there.
    ...
  19. Traffic Accidents: Re: Mich Washtenaw County Deputy List Me at Fault Instead of the Actual Person That H

    Keep in mind, folks, that it is entirely possible to be struck by a vehicle and still be the party most at fault. If a driver fails to stop at an uncontrolled intersection or yield to oncoming...
  20. Criminal Investigations: Re: How Can I Get Justice for My Son He Was Murdered and No Charges Where Filed

    I am so sorry for your loss and the trauma this has put you and your family through.

    That being said, I will echo others in saying that homicide investigations can take time. The evidence you may...
  21. Property Rights: Re: Boyfriend Kicked Me Out, Won't Let Me Get My Items, Over 2 Weeks. California Stat

    Arguably, you may have a right to simply break in and retrieve your property. However, the longer you stay away from the home the weaker your claim to have lawful access to the property. You should...
  22. Property Rights: Re: Boyfriend Kicked Me Out, Won't Let Me Get My Items, Over 2 Weeks. California Stat

    If you call the local police agency they can stand by while you retrieve your personal property. The problem is that the officer cannot FORCE him to let you in, much less turn anything over to you. ...
  23. Minors' Rights: Re: Legalities of My Boyfriend Moving in with Me

    So, you are going to runaway from home? Or, do you also have permission and support from YOUR parents to move out of state?

    As a minor, how will you get a job? Enter into a rental contract? ...
  24. Criminal Investigations: Re: Search on Unlocked Car Without Notification

    More than likely the laptop was stolen.

    Like other states, OR requires the officer leave a copy of the warrant and a receipt of the items taken.

    133.575 Execution of warrant. (1) Except as...
  25. Criminal Investigations: Re: Search on Unlocked Car Without Notification

    If the item was taken pursuant to a search warrant, the police should have left a receipt and a copy of the search warrant. At least, this is the practice in those states where I am aware of the...
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