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Simple English definitions for legal terms
search and seizure
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A quick definition of search and seizure:
Search and seizure is when police officers look through someone's property, like their home or car, to find evidence that a crime has been committed. They are only allowed to do this if they have a good reason to believe a crime has happened. If they find something important, they can take it with them. The law says that searches and seizures have to be fair and reasonable. Usually, the police need permission from a judge to search someone's property, but sometimes they can do it without permission if there is an emergency.
A more thorough explanation:
Search and seizure is a legal term used to describe when law enforcement officers search a person's property, such as their home, vehicle, or business, to find evidence of a crime. During a search, officers look for specific items that are related to a crime they believe has been committed. If they find something, they may take possession of it, which is called a seizure.
The Fourth and Fourteenth Amendments of the U.S. Constitution require that any search or seizure must be reasonable. Normally, officers must obtain a search warrant from a judge, which specifies where and whom they may search and what they may seize. However, in emergency situations, officers may not need a warrant.
Here are some examples of search and seizure:
- A police officer pulls over a car for speeding and smells marijuana. The officer searches the car and finds drugs, which are seized as evidence.
- During a drug investigation, officers obtain a warrant to search a suspect's home. They find drugs and weapons, which are seized as evidence.
- After a robbery, officers stop a person who matches the suspect's description. They search the person and find stolen items, which are seized as evidence.
These examples illustrate how officers may search and seize property to find evidence of a crime. In each case, the officers had reason to believe that a crime had been committed and followed the proper legal procedures to conduct the search and seizure.