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WHAT IS UNLAWFUL SEARCH & SEIZURE?

Posted: February 23, 2017

To counter the idea of a tyrannical government and preserve individual autonomy as well as freedom from unnecessary and harassing arrests, the founding fathers placed heavy restrictions on what federal and state law enforcement could do in terms of conducting these searches for evidence. However, banning searches outright meant that no justice would ever be served, so a careful balance had to be achieved. This balance is found in the Fourth Amendment, which guarantees protection from “unreasonable” search and seizure. However, “reasonability” is a common question and one that has been reviewed many times over. Let’s go over a basic outline of these laws and how they have an impact on your case.

WHEN CAN OFFICERS SEARCH ME?

As a general rule, the Fourth Amendment states that law enforcement can’t conduct a search on anyone or their property without establishing a valid reason for doing so, and then using that valid reason to obtain permission. This permission is granted in the form of a search warrant, which is a document signed off by a judge who deems the reason for the search acceptable. However, search warrants are not wide-open permission slips to do whatever they please: officers are restricted to only searching for what they believe they’ll find and where they believe they’ll find it.


IS IT POSSIBLE TO REMOVE A RESTRAINING ORDER?

Posted: February 06, 2017

Restraining orders can be issued in a number of different situations, though they’re most commonly issued in instances of domestic abuse or violence. While these orders can provide a necessary and important means of protection, they don’t always maintain their usefulness for their entire duration, and in fact they could wind up placing a significant burden or hardship on the person they’ve been levied against. In these instances, you may be able to have the order dropped.

DO YOU QUALIFY?

There are several things that go into deciding whether or not a restraining order should be dropped, and while they’ll vary based on the circumstances of your case, they all have to do with the question of whether or not you’ll repeat your behavior that led to the order being given in the first place. Notably, the court will look to see that you adhered to the restrictions in the initial order. For example, if you were forbidden from contacting the person who obtained the order against you, did you attempt to make contact with them? If not, then odds are the court will be more favorable toward your case to have the order dropped.


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