Legal Dictionary

search and seizure

Definition of search and seizure

Further reading

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 the crime.

Most countries have provisions in their constitutions that provide the public with the right to be free from "unreasonable" search and seizure. This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. These constitutional rights are respected in democracies.

Though interpretation may vary, this right sometimes requires law enforcement to obtain a search warrant before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence or by the exclusionary rule.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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