unreasonable search and seizure

unreasonable search and seizure

n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a crime is present. Such a search and/or seizure is unconstitutional under the 4th Amendment (applied to the states by the 14th Amendment), and evidence obtained thereby may not be introduced in court. (See: search and seizure, fruit of the poisonous tree, probable cause)

References in periodicals archive ?
American travelers are under the impression that they are protected from unreasonable search and seizure but, at the border, those Fourth Amendment protections do not apply.
Aside from right to privacy, he said the public's right against unreasonable search and seizure and right to be presumed innocent under Article III of the 1987 Constitution are also being violated by the police.
8 right to be free of unreasonable search and seizure but decided that despite this breach, the evidence found on his cellphone could be used against him at his trial.
It does not provide, for example, that, "There is hereby created a right to be free from unreasonable search and seizure.
The Supreme Court Wednesday ruled 9-0 that warrantless searches of cell phones violate the Fourth Amendment's guarantee against unreasonable search and seizure.
Those are words dear to the hearts of civil libertarians - and anyone who values the Fourth Amendment's prohibitions against unreasonable search and seizure.
It is the very definition of an unreasonable search and seizure," it said.
2) It concludes that the doctrine's present formulation, and in particular its use of the "totality of the circumstances" test, results in a weak conception of privacy that threatensthe constitutional guarantee against unreasonable search and seizure.
After all, the right to be free from unreasonable search and seizure is a "made in America" privilege.
It guarantees a broad and general right to be secure from unreasonable search and seizure.
Constitution offer protections to free speech, freedom from unreasonable search and seizure, and the right to due process.
Consider the words of Fox News commentator Bill O'Reilly, who on his O'Reilly Factor broadcast of August 10 repeatedly cited the apparently successful efforts of British police to foil a massive terror plot as proof that America should chuck the Fourth Amendment protections against unreasonable search and seizure.