Unreasonable Search and Seizure


Definition of Unreasonable Search and Seizure

An unreasonable search and seizure refers to a situation where a law enforcement officer either searches a person or stops a person without a warrant giving them the legal authority to do so and/or without probable cause to perform such an act. Nothing that happens during an unreasonable search or seizure can be used against a person in a court of law.



Unreasonable Search and Seizure Explained

The reference to an unreasonable search and seizure almost always stems from the Fourth Amendment of the United States Constitution which states that "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."





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