[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [Judge's Designation] [Judge's Court Name] [Court's Address] [City, State, Zip Code] Subject: [Case Name/Number] — Request for Order to Seize Mobile Device Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to bring an urgent matter to your attention regarding the case [Case Name/Number], currently pending before your esteemed court. The purpose of this letter is to respectfully request an order for the seizure of a mobile device belonging to the defendant [Defendant's Full Name]. I am representing the state/prosecution/plaintiff in the aforementioned case and, as part of our investigation, it has come to our attention that crucial evidence pertaining to this case is believed to be stored on the defendant's mobile device. As Wisconsin law permits the seizure of items that are reasonably believed to contain pertinent evidence, we believe it is imperative to secure the defendant's mobile device promptly. Based on the available information, we have strong grounds to believe that the mobile device contains evidence that is vital to the case. Furthermore, seizing the mobile device will help prevent any potential tampering or destruction of evidence, ensuring a fair and just trial. To assist with the process, we kindly request that an Order for Seizure of the Mobile Device be issued to the local law enforcement agency responsible for executing search warrants, such as the [County/Town/City] Police Department. Upon receiving the order, they will proceed with the seizure in a lawful and appropriate manner. I have attached a copy of the Affidavit of Probable Cause, outlining the grounds on which we base our request for the seizure of the mobile device. This affidavit provides a comprehensive overview of the case and explains why it is imperative to obtain the evidence stored on the defendant's mobile device. If you require any additional information or have any questions concerning this matter, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. I am available at your convenience to discuss the details of the case or provide further clarification on any requested documents. Thank you very much for your time, and for considering our request. Your prompt attention to this matter is greatly appreciated, as it will contribute to the smooth progression and integrity of the ongoing legal proceedings. Yours respectfully, [Your Full Name] [Your Designation] [Law Firm/Organization Name] (if applicable)
Wisconsin Sample Letter to Judge concerning Order for Seizure of a Mobile
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The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be ...
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...
What Is the Right Against Unlawful Search and Seizure? The Fourth Amendment to the Constitution protects against unreasonable search and seizures. This makes a search and seizure unlawful if the police did not have a valid search or arrest warrant or probable cause to suspect that a crime was being committed.
Some of the most common examples of observations made by police which constitute probable cause include visible contraband in the vehicle, the smell of contraband coming from inside the vehicle, or some sort of admission of guilt from the driver or a passenger inside the car.
The Fourth Amendment reads: ?The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, ...
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be ...
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) ...
Police must have a reasonable suspicion (indication to a reasonable person that a crime has been, is being, or will be committed) to detain you. You may be subject to a ?frisk? or a pat down search.
