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unreasonable search and seizure |
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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) |
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? References in periodicals archive |
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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. |
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unreasonable search and seizure