Sentences with phrase «against illegal search»
Should the driver have the same rights in a rental car that he's not a listed driver on the rental contract, as he would if he was in his own vehicle; which should protect him against illegal search and seizures by police with no probable cause, as police stated in their own words at his trial?
https://law.stackexchange.com/ Not exact matches
«In June of 2011, United Pet Supply, Inc. who owned the pet store filed a massive lawsuit in both federal and state court against the city and McKamey Animal Care and Adoption Center seeking $ 10 million in damages for violating their Fifth and 14th Amendment rights to due process related to an illegal search and seizure of their animals.»
I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to individuals against police performing illegal search and seizures, without probable cause, permission of the driver or «owner» of the vehicle or even a search warrant.
However, evidence obtained through an illegal search is not necessarily inadmissible; there is a judicial discretion to admit illegally obtained evidence if its admission would not operate unfairly against the accused.
A warrantless search of Wurie's cell phone violated his Fourth Amendment rights against unreasonable search and seizure and any evidence stemming from that illegal search should have been suppressed.
The Court ultimately ruled in a 5 - to - 1 decision that the evidence gathered in the illegal search (i.e. the presence of illegal drugs) must be excluded from the case against her under Section 24 (2) of the Charter on the grounds that the admission of such evidence at trial would bring the administration of justice into disrepute.
Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a hearing each time because the searches leading to the arrest were blatantly unlawful under the 4th Amendment prohibition against unlawful search and seizure.