Can the government seize property without a court warrant?

Answer 1

Yes, but in limited circumstances.

For example, evidence can be seized without a warrant when it is incident to an otherwise lawful arrest. So as long as the arrest is valid (with or without a warrant), the associated seizure is also valid. Another common exception is contraband (obviously illegal material) that is in plain view, if the law enforcement officer is lawfully in a position to view the material.

There are other situations allowing warrantless seizure based on valid legal actions , but they start getting into procedural technicalities.

JennG is also correct about the power of the government to take real property (real estate) under the eminent domain power, with just compensation as defined in the 5th Amendment.

Answer 2

i am not sure about the US, but in several countries, police and other authorities can temporally seize property in emergency situations. The classic "movie" example is the cop flashing his badge and taking someones car to pursuit a criminal. More common examples would be the use of private property to shelter homeless in a catastrophe or in war times.

One example that comes to mind is the seizure of QE II during the Falkland war to serve as a hospital ship or transport soldiers (I can't remember).

Answer 3

Yes-though sometimes they will buy your property from you. This is more likely in the case of smaller, local governments when they want to do construction or build in and around your property. (Airport expansion for example)

If they do seize one's property, most likely they will compensate the owner(s) in some fasthion. The right that gives them this entitlement is in fact called Eminent Domain.

Answer 4

Yes for various reasons, at the time of arrest for example many areas will impound your car and inventory the contents ( not considered a search, since they are merely taking it into custody) This would happen at a DUI, or no drivers licence or no insurance.

If you they were called to your home for a disturbance and the problem was a loud sterio,or a gun or some other object, they can take that as evidence.

Answer 5

No i'm no longer prepared to provide up those rights. so some distance no person has taken them faraway from is. a million- a warrant might desire to be secured to hunt your place, no longer provided to you, as long because of the fact the police bypass away a replica in user-friendly sight, with a catalogue of things taken from the abode, you do no longer might desire to be present. 2- the main remarkable to habeas corpus isn't the main remarkable to an lawyer's council; it brings a individual previously a prefer to ascertain if that individual's confinement is constitutional. The U.S. shape, in Article I, section 9, forbids suspension of the writ “till whilst in situations of rebel or Invasion the widespread public secure practices might require it.” the 1st actual statute enacted by skill of the 1st Congress, the Judiciary Act of 1789, empowered all federal courts “to furnish writs of habeas corpus for the point of an inquiry into the reason of dedication.” 3- because of the fact you're complaining approximately your "unfastened speech" being taken away and no jack-booted thugs have come to take you away and no government censor has bumped off this submit from Yahoo; i might might desire to assert that this top has no longer been abridged the two. 4- The FISA courts might desire to study any wiretapping completed interior of seventy two hours of the tapping, as for decision of information...telephone calls that are being listened to are from time-commemorated or suspected terrorists to numbers in the U. S., why is does anuone think of this could be a foul element? Be greater disturbing approximately advertisers and the "cookies" and spyware on your pc. 5- What US citizen has been denied a "trial by skill of his friends"? Even Jose Padilla have been given a tribulation by skill of jury.

Answer 6

Yes, besides seizure incident to an arrest contraband can always be seized without a warrant and with or without an arrest. Contraband can be illegal narcotics, weapons, electronics, or dangerous chemicals.

Answer 7

To get as close as you can to a helpful answer it would be best to describe a scenario - maybe the situation that happened to you that you are now wondering about. Otherwise there are just too many variables and 'ifs' that no one will be able to know how to answer accurately, if at all.

Answer 8

Yes: here are the ways, dear: if connected to criminal enterprise, failure to pay taxes, taking for the public good, and in an emergency.

You just think you own it, darling.

Answer 9

most likely if its property that has something to do with a cram or drug or if they have'nt paid property tax's, also if you havent paid a docter bill or some kind a bill the peolpe can put a lein on it and take it after so long....................

Answer 10

Yup it's called eminent domain.