Citizen Protection Act of 1978

Summary

Citizen Protection Act of 1978 - Requires a subpoena duces tecum for the search and seizure of evidence when anyone acting under color of law has probable cause to believe evidence of a crime is located on or about premises in which the person in possession of the evidence has a reasonable expectation of privacy. Permits issuance of a search warrant instead of a subpoena duces tecum only if there is probable cause to believe: (1) the person in possession of the evidence may be involved in the crime under investigation; or (2) the evidence sought to be seized would be destroyed, hidden, or moved if the subpoena duces tecum procedures set out in this Act were followed. Creates a cause of action for any person injured by a violation of this Act. Allows punitive damages of up to $10,000 for each violation.

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1 official file

• Introduced in House

  summary · EN · 24 January 1979

  Open at official source

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