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 ?
And it's not just the Supreme Court that is busy debating unreasonable search and seizure cases.
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.
He ruled that this violates the Charter protection against unreasonable search and seizure.
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.
The court held that the DNA sampling law was not an unreasonable search and seizure, did not violate the convicted felons' privacy rights, did not violate the ex post facto clause, and did not violate due process.
The court upheld the conviction of Aaron Sean Holman, 33, who contended that excessive force was used in retrieving the plastic bag from his mouth in violation of the Fourth Amendment proscription against unreasonable search and seizure, and so the drugs should have been kept out of court.
No enemy can destroy our fundamental rights -- the right to free assembly and free speech, the right against unreasonable search and seizure, the right to due process and a speedy trial and more.
model for this analysis, the use of wiretaps by the government framed privacy in the context of prohibitions against unreasonable search and seizure and self-incrimination in the case Olmstead v.