New Hampshire Sample Letter to Judge concerning Order for Seizure of a Mobile

State:
Multi-State
Control #:
US-0175LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

How to fill out Sample Letter To Judge Concerning Order For Seizure Of A Mobile?

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FAQ

Generally speaking, before a creditor can seize your property, he must obtain a court judgment ordering you to pay. However, in some instances, the creditor may be entitled to seize your property before a judgment is handed down. The seizure before judgment is a safeguard.

THE PLAIN VIEW DOCTRINE PERMITS THE WARRANTLESS SEIZURE OF ITEMS IF THE ITEMS ARE DISCOVERED INADVERTENTLY AND ARE IMMEDIATELY APPARENT AS EVIDENCE OF CRIME.

Everyone has the right to be secure against unreasonable search and seizure. What does that mean? Well, it means this simply, the police cannot search you unless they have reasonable probable grounds in most situations. That's the general rule.

An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...

In Coolidge v. New Hampshire' the Supreme Court restricted the scope of warrantless search and seizure by limiting the use of the automobile2 and plain view3 exceptions to the warrant requirement of the fourth amendment.

Reasonable suspicion in this circumstances requires an "expectation" that the accused is "possibly engaged in some criminal activity. As well, the suspicion must be supported by facts that can be subject to review."

A search involves law enforcement officers going through part or all of individual's property, and looking for specific items that are related to a crime that they have reason to believe has been committed. A seizure happens if the officers take possession of items during the search.

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New Hampshire Sample Letter to Judge concerning Order for Seizure of a Mobile