{"id":14065,"date":"2018-02-16T05:24:20","date_gmt":"2018-02-16T05:24:20","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14065"},"modified":"2018-02-24T05:56:26","modified_gmt":"2018-02-24T05:56:26","slug":"unreasonable-search-and-seizure","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14065","title":{"rendered":"ii. Search and Seizure – reasonable or unreasonable?"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> 1. The Arrest, Search and Seizure, and Booking<\/a>:<\/span>
\n<\/strong><\/p>\n

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search and seizure<\/span>:<\/strong><\/span><\/p>\n

1. Means for the detection and punishment of crime; the search for and taking custody of property unlawfully obtained or unlawfully held, such as stolen goods, property forfeited for violation of the law, and property the use of possession of which is prohibited by law, and the discovery and taking into legal custody of books, papers, and other things constituting or containing evidence of crime<\/strong>. [1]<\/span><\/p>\n

1. “Unreasonable searches and seizures” are prohibited by the Fourth Amendment<\/a>. <\/span><\/strong><\/span><\/p>\n

unreasonable search and seizure<\/span>:<\/strong><\/span><\/p>\n

1. The<\/span> Fourth Amendment<\/a> prohibits the police and other agents of the government from conducting “unreasonable searches and seizures.”\u00a0 This means that, with limited exceptions (EXAMPLE: in connection with a lawful arrest), one’s home can be searched only if a warrant is issued authorizing the search; further, the warrant must be based upon probable cause.<\/span><\/strong><\/span>
\n \u00a0\u00a0\u00a0\u00a0 See exclusionary rule<\/em>; search<\/em>; seizure. [2]<\/em><\/span><\/p>\n

unreasonable search<\/span>:<\/strong><\/span>
\n (18c)<\/span><\/p>\n

1. A search conducted without probable cause or other considerations that would make it legally permissible.<\/strong> \u2014 aka illegal search<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

search<\/span><\/a> – upon probable cause, examination of a person’s body, property, or other area the person considers private, by a law enforcement officer, for the purpose of finding evidence of a crime.<\/span><\/strong><\/p>\n