search and seizure

search and seizure
"LAW.COM Dictionary":
n. examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). The basic question is whether the search and seizure were "unreasonable" under the 4th Amendment to the Constitution (applied to the states under the 14th Amendment), which provides: "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Thus, searches and seizures must be under the authority of a search warrant or when the officer has solid facts that give him/her "probable cause" to believe there was evidence of a specific crime on the premises but no time to get a warrant. Evidence obtained in violation of the Constitution is not admissible in court, nor is evidence traced through such illegal evidence.
See also: fruit of the poisonous tree probable cause search search warrant

English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • 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 …   Wikipedia

  • search and seizure — n. A search in which the officers conducting the search take evidence of a crime if they find it. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. search and seizure …   Law dictionary

  • search and seizure — In law enforcement, an exploratory investigation of a premises or a person and the taking into custody of property or an individual in the interest of gaining evidence of unlawful activity or guilt. The latitude allowed police in carrying out… …   Universalium

  • search and seizure — 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 or possession of which… …   Ballentine's law dictionary

  • search and seizure warrant — n: search warrant at warrant Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • search and seizure order — See search order Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010 …   Law dictionary

  • military search and seizure — Search and seizure by persons in military service. During a state of war or after martial law has been declared, officers engaged in the military service may lawfully arrest anyone who, from information before them, they have reasonable cause to… …   Ballentine's law dictionary

  • unreasonable search and seizure — See search and seizure The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. unreasonable search and seizure …   Law dictionary

  • unreasonable search and seizure — A seizure of property discovered on an unreasonable search. 47 Am J1st Search § 52. A literal search and seizure is not required to constitute all unreasonable search and seizure. The surreptitious removal from his office of incriminating… …   Ballentine's law dictionary

  • Visit, Board, Search, and Seizure — (VBSS) is the term for maritime boarding actions and tactics, designed to capture enemy vessels, to combat terrorism, piracy and smuggling, and to conduct customs, safety and other inspections, as employed by modern navies, marine and maritime… …   Wikipedia

  • wrongful search and seizure — See unreasonable search and seizure …   Ballentine's law dictionary

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