What is the current state of the law on seizure of property by the police in an investigation into alleged drug dealing?

MultiRegion, United States of America

The following excerpt is from United States v. Smith, 967 F.3d 198 (2nd Cir. 2020):

Police investigations commonly involve an initial seizure of a person's property for purposes of conducting a search of the contents within it. If the police have probable cause to believe that the property contains contraband or evidence of a crime and if it is necessary to seize or secure the property immediately to prevent its destruction or disappearance, the Fourth Amendment allows the police to seize or secure the property without a warrant provided that they follow up by applying to a judge for a warrant to search the property's contents. See Illinois v. McArthur , 531 U.S. 326, 33234, 121 S.Ct. 946, 148 L.Ed.2d 838 (2001) ; United States v. Place , 462 U.S. 696, 701, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983).

Other Questions


What is the current state of the law in the context of alleged forgery and alleged perjury? ("New York", United States of America)
What is the current state of the law in relation to the use of force by the police against the driver of an unmarked police vehicle? (MultiRegion, United States of America)
What is the current state of the law in relation to the seizure of property by the National Guard? (MultiRegion, United States of America)
How have the New York State Commissioners dealt with a claim for damages brought by a property owner against the state for the destruction of his property? ("New York", United States of America)
What is the current state of the law regarding the seizure of children by police officers without a court order? (MultiRegion, United States of America)
What is the legal test for an allegation that the indictment is insufficient to allege exceptions to criminal liability created by section 474 of the Interference with Defense Investigation Act? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
What is the current state of the law on qualified immunity for police officers who arrest a defendant on an outstanding warrant? (MultiRegion, United States of America)
What is the current state of the law on the duty of a police officer to intervene when their colleague violates the constitutional rights of a suspect or other citizen? (MultiRegion, United States of America)
Are there any cases that invalidated or invalidated the exams given to state police officers for promotion to police sergeant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.