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3 examples of police conducting an illegal search and seizure

Searches allow police officers to find evidence or possibly take a suspect into custody. Seizures are when police lawfully take property either as evidence or because that property will soon be forfeited due to its involvement in or relationship to criminal activity. Unfortunately, sometimes, police officers violate people’s rights when they conduct searches or take

State Wins a Search and Seizure Appeal

Most appeals of search and seizure evidentiary rulings in criminal cases are appeals by a Defendant after a conviction. However, as these are legal rulings by a trial court, the State has the option of appealing a ruling excluding evidence. In the recent case of State v. Clark, E2009-01795-CCA-R3-CD (Tenn.Crim.App. 10-24-2011), the Tennessee Court of Criminal Appeals reversed

Defense Wins a Vehicle Search and Seizure Case

In the recent search and seizure case of State v. Donaldson, M2010-0069-CCA-R3-CD (Tenn.Crim.App. 9-15-2011), the State of Tennessee, appealing a trial court ruling excluding evidence, asserted that a police officer has unrestricted authority to order a motorist to exit a vehicle at any point during a valid traffic stop. The Tennessee Court of Criminal Appeals disagrees.

Sometimes It’s Just Bad Luck (Search and Seizure)

The recent Sixth Circuit case of U.S. v. Godfrey, 10-4240 (6th Cir. 6-28-2011) is an interesting example of the “good faith” exception to the exclusionary rule. Generally, evidence obtained from a warrantless search and seizure, not covered by a recognized exception to the warrant requirement, is inadmissible against an accused in a criminal case. The exclusionary rule exists

6th Circuit: Sawed-Off Shotgun is Intrinsically Suspicious

Having a visible sawed-off shotgun in your vehicle is enough to trigger a warrantless search and seizure. In the recent 6th Circuit Court of Appeals case of U.S. v. Carmack, 09-5819 (6th Cir. 6-7-2011), the Defendant triggered a federal investigation after he sent a counterfeit postal money order to a company that sells law enforcement items. Federal investigators

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Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

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