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On search and seizures, consent and privacy

While the following post may not explicitly deal with false arrest or police brutality, the topic is central to your rights as a individual in the United States. Today, we are going to talk about search and seizure, and how the police can perform a legal -- or illegal -- search and seizure.

To begin, you should know that you are protected from illegal search and seizure by the Constitution. The Fourth Amendment addresses this topic. But what constitutes a search and seizure? Well, when the police come to your home and try to search the premises and seize items from it, they can only do so under certain circumstances. 

The most basic of these is whether the individual in question had a reasonable expectation of privacy. If they did have an expectation of privacy and it can be established that the expectations was reasonable, then the police can't perform a search and seizure.

The police can also do a search if they receive your blessing. So, if the police come to your door and request to enter, you can actually deny the request. If you allow them in, then you are forfeiting your expectation of privacy and consenting to their search. In addition, the police can also perform a search without obtaining your consent if they feel they are in imminent danger or someone else is. And yet another way they can perform a search is if they are legally granted permission with a search warrant.

Source: FindLaw, "Illegal Search and Seizure FAQs," Accessed Jan. 26, 2017

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