To seize property without a warrant... is that really a violation of the Fourth Amendment?

Civil Law Forum
1

So, I’ve been reading about this, and apparently, seizing property without a warrant usually violates the Fourth Amendment, even if there’s probable cause? I’m kind of confused about it… does this mean cops can’t just take stuff without going through the courts first? Is there ever an exception?

2

Yeah, that’s right. The Fourth Amendment is all about protecting against unreasonable searches and seizures, so the gov’t can’t just take your stuff without a judge signing off on it. But there are exceptions, like if they see something illegal in plain view or if it’s super urgent to preserve evidence. :man_shrugging:

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@Tristan
Ohh, so basically, if they just randomly take something from your house without a reason, that’s a violation? That sounds pretty intense. :grimacing:

4

Nori said:
@Tristan
Ohh, so basically, if they just randomly take something from your house without a reason, that’s a violation? That sounds pretty intense. :grimacing:

Yep, exactly! But there are cases where it’s okay—like if there’s an immediate threat to evidence being destroyed. Otherwise, it’s pretty much illegal. :roll_eyes:

5

I guess the whole point is to keep the gov’t from just taking stuff whenever they feel like it. It’s a way to make sure there’s a check on their power, right?

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Lorin said:
I guess the whole point is to keep the gov’t from just taking stuff whenever they feel like it. It’s a way to make sure there’s a check on their power, right?

Yeah, exactly. Without this rule, they could basically come and take your stuff anytime they wanted, which is why the court has to step in first.

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But what about if they say it’s an emergency or something? Do they still need a warrant then?

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Parker said:
But what about if they say it’s an emergency or something? Do they still need a warrant then?

In emergencies, they might not need a warrant, yeah. It’s called ‘exigent circumstances,’ like if they think evidence is going to be destroyed right away. But that’s not the same as just randomly taking stuff without a reason.

9

So how would you prove your stuff was taken illegally? Like, how do you even go about that if cops took something from you?

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Alden said:
So how would you prove your stuff was taken illegally? Like, how do you even go about that if cops took something from you?

From what I’ve read, you’d need to document everything. Like, keep track of when it happened, what was taken, and if they made any statements about why they took it. Could be useful if you ever want to challenge it.

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I’ve seen some cases where people got their stuff back after they proved it was seized wrongfully. But it sounds like it’s a lot of work… :sweat_smile:

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Bay said:
I’ve seen some cases where people got their stuff back after they proved it was seized wrongfully. But it sounds like it’s a lot of work… :sweat_smile:

Yeah, it’s not easy, but it’s possible. Just gotta get all the details right and maybe get some legal help if you think your rights were violated.