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    lornamarina's Avatar
    lornamarina Posts: 2, Reputation: 1
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    #1

    Jul 13, 2009, 03:45 PM
    Search and seizure
    Who can do a search and seizure on your property? Can a sheriff from Santa Cruz County come to San Jose County and search your home? Is that not a duristiction issue? Can they seize your property like computer's in the hopes to find incriminating issues? I thought that they would have to find something on the computer while doing the search, and when discovering there is ciminal activity, then seize the computer. :rolleyes::confused:
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 13, 2009, 03:59 PM

    If they suspect child porn then I think they can do whatever pretty much.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Jul 13, 2009, 04:24 PM
    The search warrant is what gives jurisdiction. If the Santa Cruz County sheriff has a search warrant issued by a judge with the jurisdiction to issue a search warrant to be executed in San Jose County, then it is legal. The search warrant has to stipulate what's going to be searched and/or seized. So if the search warrant specifies that the computer may be seized, then it's legal. If this is resulting in a criminal prosecution against you, then advise your attorney as to any and all irregularities you sense concerning any police procedures that were used to gather evidence against you. If the search warrant was not executed according to stipulation (or didn't exist to begin with) then any evidence gather as a result of the search/seizure in question is inadmissible.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Jul 13, 2009, 04:26 PM
    Quote Originally Posted by N0help4u View Post
    If they suspect child porn then I think they can do whatever pretty much.
    Yep. Good point. This is one area where the system will "take no prisoners", so to speak (no pun intended!)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 13, 2009, 04:41 PM

    I'm confused about why the Sheriff in the issuing County didn't turn the warrant over to the Sheriff in your County, instead doing the search himself - ?

    Quite unusual in NY, at least.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jul 14, 2009, 07:52 AM

    Hello l:

    You're on probation, remember. That makes a BIG difference.

    excon
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