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Criminal Law/illegal search and seizure

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Expert: Robin Sexton - 4/21/2008


Question
Is a search warrant legal if evidence is taken out of a locked room by a civilian and then given to the FBI so they can obtain the search warrant.

Answer
Hershall,

No it is not illegal unless the person was sent there by the law enforcement agency.  These controls are put on the government agents.  Example, a thief breaks into a house and finds a murder victim.  Does the right thing and call the police.  The thief obviously didn't have a right to be in the house but was not sent by the police.  The police can use this information to obtain a search warrant and enter.

Hope this helped

Robin

Criminal Law

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Robin Sexton

Expertise

Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.

Experience

Member of the Michigan State Police for over 30 years. Over 20 years as a Detective. Conducted numerous investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment. Majority of career has been spent in rural areas of Michigan

Education/Credentials
Bachelor of Science degree. Long list of professional training

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