Wednesday, August 16, 2006

Another Essay Question

This one from my Criminal Procedure text:

Suppose the police unlawfully search Jane's home and seize contraband, such as illegal narcotics. Should Jane be able to see its return under the Federal Rule of Criminal Procedure 41(g), which states that a "person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return."

Remember the Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

1 comment:

Michelle said...

In a nutshell, if it happened here....NO!