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Was the Seizure of Oswald's effects at 1026 No. Beckley legal ?


Gil Jesus
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Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.

Below is a copy of the search warrant for 1026 North Beckley. Notice that on the search warrant the reason for the warrant is to search for "guns, ammunition and bombs".

post-3674-046105100 1316360371_thumb.jpg

None of which were reportedly found in his room. Instead, police confiscated ALL of Oswald's belongings, none of which ( save the holster ) could be considered "relevent evidence" to any of the crimes he was being held for.

There's no doubt in my mind that the search was a legal search in accordance with the law, but was the seizure of all of his personal belongings legal ?

Edited by Gil Jesus
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maybe it's a carte blanche for anything the may yield any residues irrespective of whether it's taken for that reason or not

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Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.

Below is a copy of the search warrant for 1026 North Beckley. Notice that on the search warrant the reason for the warrant is to search for "guns, ammunition and bombs".

post-3674-046105100 1316360371_thumb.jpg

None of which were reportedly found in his room. Instead, police confiscated ALL of Oswald's belongings, none of which ( save the holster ) could be considered "relevent evidence" to any of the crimes he was being held for.

There's no doubt in my mind that the search was a legal search in accordance with the law, but was the seizure of all of his personal belongings legal ?

In today's post-Miranda world [Miranda warning came about in 1966], it was NOT legal to confiscate ALL of Oswald's belongings. Had Oswald gone to trial, even in 1963 I'm sure that a competent defense attorney could've gotten anything removed as evidence which was not within the specified scope of the search warrant. BUT...prior to any trial...I understand that a lot of police departments would sieze everything, and then gradually return items that were deemed by prosecutors as 'not pertinent" to the case against the defendant. While this is a de facto violation of the Fourth Amendment, the sad truth is, it WAS a common practice in 1963, as I understand it.

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