Search and seizure
Encyclopedia : S : SE : SEA : Search and seizure
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| Criminal procedure |
|---|
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Right to silence · Miranda warning (U.S.) |
| Grand jury |
| Criminal prosecution |
| Statute of limitations |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Inquisitorial system · Adversarial system |
| Arraignment · Indictment |
| Nolo contendere (U.S.) · Plea bargain |
| Rights of the accused |
| Right to a fair trial |
| Presumption of innocence |
| Jury trial · Speedy trial |
| Habeas corpus · Bail |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy |
| Verdict and sentencing |
| Acquittal · Conviction (law)>Conviction |
| Not proven (Scot.) |
| Mandatory sentencing |
| Suspended sentence |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Dangerous offender (Can.) |
| Cruel and unusual punishment |
| Capital punishment · Execution warrant |
| Related areas of law |
| Criminal law · Evidence |
| Civil procedure |
| Portals: · |
Though interpretation may vary, this right usually requires law enforcement to obtain a search warrant before engaging in any form of search and seizure.
United States
The Fourth Amendment to the United States Constitution provides for a citizen's protection against unreasonable search and seizure in the United States. Case law has maintained that until an arrest has occurred, law enforcement are required to gain a warrant before they can effect a search. However, searches are permitted under the "plain view" and "open fields" doctrine that allow an officer to seize evidence that is located where there is no expectation of privacy.In addition, there is an exception for "exigent circumstances" where the officer reasonably believes that a suspect may destroy evidence. Otherwise, an officer can only effect a search on the basis that there is "probable cause" that a crime has been committed. What a police officer can see before an arrest is only what he/she can search. Evidence procured contrary to the provisions of the Fourth Amendment are subject to exclusionary rule, and may be inadmissable at trial.
Forfeiture laws are covered under [Title 18, part I, chapter 46] of the United States Code.
Canada
In Canada, Section Eight of the Canadian Charter of Rights and Freedoms protects all individuals from unreasonable search and seizure. For a search to be "reasonable" it must be authorized by law, the law itself must be reasonable, and the manner in which the search was carried out must be reasonable (R. v. S.A.B., 2003 SCC 60). This means that the officer must be acting within the power of a valid statute, and it must be performed on the basis of there being "reasonable and probable grounds" that a crime has been committed.
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