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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11561
Experience:  30 years as a practising solicitor.
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the CPO via a mutual legal agreement with the US served a search

Resolved Question:

the CPO via a mutual legal agreement with the US served a search and seizure on my house.The US said the crimes took place in jan/feb and july 2013 via the internet,can electronic devices like IPads bought after those dates be held as evidence .Please supply legal precedent to back up your answer

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What crimes are alleged?
Customer: replied 3 years ago.

wire fraud, mail fraud and manipulation of stock prices on wall street.

Expert:  JGM replied 3 years ago.
And what did the warrant say could be seized?
Customer: replied 3 years ago.

they served it last week and refused to let me read it but it said any electronics connected to the internet and relevant paperwork,but the CPO gave me the dates and possible charges.

Customer: replied 3 years ago.

they seized my passport but got it back but cant get paperwork to my car to tax it.I believe its the first time in Scotland anyone has been a suspect in a case like this though police say I am still a witness

Expert:  JGM replied 3 years ago.
They can't not let you read the warrant. However, they are entitled to take what is detailed on the warrant as that is what has been authorised by the court. Authority for this is contained within the Criminal Procedure legislation.

If you consider that anything was taken outwith the scope of the warrant then your solicitor would have to challenge the crown in court. I presume you are in Scotland and not England. There is no CPO in Scotland.

Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

yes in Scotland and the senior fiscal is prepared to discuss things bought after july if I send receipts.The suspected crime is under 1000 pounds and could have been treated as frivolous within the MLA framework but the americans told the HMRC their economy is fragile and they want to stamp this out.The FBI are coming over to Edinburgh to review the evidence collected shortly.Thank you for your answer and I will leave positive feedback