Legal Question in Civil Rights Law in Utah

Illegal Search and Seizure

What can I do if I was searched and gave permission to be searched but I did not give permission for my car to be searched, and they searched my car?


Asked on 10/23/01, 1:16 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Illegal Search and Seizure

It depends on whether the police took any action as a result of the search. If you were arrested or had property impounded, then you might have a case to get the results of the search thrown out. However, if the police did nothing, then you have not suffered any damages, other than a general violation of your rights of privacy. You could file a lawsuit, but since you did not suffer any actual damages, it is unlikely that the lawsuit would be worth much, if anything.

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Answered on 11/23/01, 9:20 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Illegal Search and Seizure

This is a fact intensive question that would require an interview to answer. My guess is that the police are claiming that your permission to search was general, and not restricted to your person. YOu probably need to consult a lawyer on this issue.

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Answered on 11/22/01, 12:09 pm


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