Overturn Seizure Consent Guide

Summary

To challenge a consent to seizure in South Carolina, demonstrate that the consent was not voluntary due to coercion or distress. Collect evidence or witness testimony to support your claim. Draft a motion to return property, including a title, statement of facts, legal grounds, evidence, conclusion, and certificate of service. Consult with a local attorney to ensure your motion adheres to South Carolina laws and court rules.

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Write motion to return property taken by police consent was not voluntary due to coercion or distress for South Carolina
To draft a motion to return property in South Carolina based on non-voluntary consent due to coercion or distress, consider including the following points:
*. Title and Introduction:
- Title the document as "Motion to Return Property."
- Include parties involved, court name, and case number.
*. Statement of Facts:
- Clearly state the facts, emphasizing the circumstances surrounding the consent.
- Highlight any evidence of coercion or distress experienced.
*. Legal Grounds:
- Argue that the consent was not voluntary due to coercion or distress.
- Cite relevant South Carolina laws and precedents.
*. Evidence:
- List and describe evidence or testimony that supports your claim.
- Attach any relevant documents or affidavits.
*. Conclusion:
- Request the court to return the property.
- Sign and date the motion.
*. Certificate of Service:
- Include a statement that a copy of the motion was served to the opposing party.
Consider consulting with a South Carolina attorney to ensure your motion is tailored to your specific situation and adheres to local court rules.