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Criminal Law

Rules on Search and Seizure

What happens if a search is not valid?

Whether it is a search of a person, car, or home, if there is a motion challenging the legality of the search, a judge will rule on whether the search was constitutionally valid under the circumstances. If he or she rules it was not, the exclusionary rule—which prevents illegally obtained evidence from being introduced at the trial—will probably prevent the evidence from being used against you.

>>Do the police have the right to tap a telephone?
>>Do wiretaps have to be approved in advance?
>>May the police search you without a warrant?
>>Do the police have the right to stop and frisk you?
>>Can the police seize what they find in a frisk?
>>Does the law permit the police to search a home or items in it?
>>Can the police ever search a home without a warrant?
>>What happens if a search is not valid?


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