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.
(26) The Court was persuaded by the Petitioner's Fourth Amendment argument, acknowledging that an unreasonable search and seizure had occurred even though there was no intrusion into the Petitioner's home.
Fearon challenged the admissibility of the cellphone's content as evidence based on his Canadian Charter of Rights and Freedoms right to be secure against unreasonable search and seizure (section 8 of the Charter).
It does not provide, for example, that, "There is hereby created a right to be free from unreasonable search and seizure." That right the Fourth Amendment takes as given.
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. They're also welcome words for Americans who store vast amounts of deeply personal information on smartphones and other digital devices.
The Fourth Amendment of the Constitution gives citizens protection from "unreasonable search and seizure," a stipulation that has long prevented United States government agents from collecting information without a specific reason for doing so.
Pauley III is a Traitor," alleges that Pauley is a "traitorous and corrupt US District Judge that is obviously in the back pocket of the Obama administration." Citing the text from the Fourth Amendment that restricts "unreasonable search and seizure", the article said that it was unreasonable for NSA to be collecting phone records from the American people.
It seriously invades the right to be secure against unreasonable search and seizure." (36) By contrast, a warrantless order to produce business documents is limited in scope given that "the eyes of the state can see no further than the business records it is entitled to demand." (37)
After all, the right to be free from unreasonable search and seizure is a "made in America" privilege.