Rochester, NY asked in Criminal Law, Civil Rights and Gov & Administrative Law for New York

Q: Can a sheriffs investagater into some ones garage without permission or a warrant for questioning a person for a crime

Should that diss miss a criminal case?

1 Lawyer Answer

A: Unless law enforcement has a warrant or there is some exception to the warrant requirement, the search is probably barred. If the search was unconstitutional, then it is possible that evidence that was recovered as a result may be supressed as the fruit of the poisonous tree.

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