Knowing Search And Seizure Law

[Willard Gerard]

Search and seizure is a legal procedure which the police do a search
of person's property and confiscate the evidence of the crime. Search
and seizure is a common law in many countries, including the United
State and Canada. The Fourth Amendment in the U.S. Constitution
protects us from the possibility of government abuse of power. It
limits the power of police to search our property, seize contraband,
and arrest people.
The Fourth Amendment reads as follows:
"The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized."
The Fourth Amendment is trying to protect our privacy from
unreasonable search from the government authorities. However, the
Fourth amendment permits the government authorities for reasonable
searches and seizures.
In practice, the government authorities such as the police can conduct
a search on your property on the following situations:
- If a judge issues a search warrant, the police can obviously search
you.
- If the police have the probable cause that you committed a crime,
they are allowed to search your property.
- The certain instance which justify the search without a warrant
being issued.
- If the owner of the property gives consent to the search, the law
enforcement may legally search the property. However, the consent must
be voluntary. The police can not force the consent.