We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Search and Seizure?

Mary McMahon
By
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A search and seizure is a procedure that can be utilized by law enforcement when a crime has been committed to collect evidence and further the investigation. Many nations have specific protections to guard their citizens from “unreasonable” search and seizure, arguing that if the procedure is not administered properly, it can violate personal autonomy as well as privacy rights. The specifics of the law vary by nation and situation and people would be well advised to consult legal authorities in their areas to learn about the specifics of cases which may apply to them.

The first step in a search and seizure is the search. In the search, law enforcement officers search a clearly defined area, usually under the authorization of a warrant, looking for any materials which might be related to the crime. The second step is the seizure, in which items of interest are logged and removed for further examination. Warrantless searches are generally allowed when law enforcement have probable cause and/or someone is in immediate danger. For example, if a police officer is pursuing a suspect and the suspect enters a house, the officer can follow.

In a simple instance of a search and seizure, if law enforcement suspects that someone is involved in the production of child pornography, a warrant could be obtained for this person's home, garage, and storage area. Law enforcement personnel could search and remove computers, hard drives, storage, cameras, photographs, and any other materials which they believe could be utilized in the production and distribution of child pornography.

The definition of “unreasonable search and seizure” varies by nation. As a general rule, in a location where someone has a reasonable expectation of privacy, she or he is protected by law. The home is a classic example of an area in which privacy is respected. On the other hand, if someone has illegal materials on the front seat of a vehicle and a police officer spots them, this is not considered unreasonable, because there is no expectation of privacy for the front seat of a car.

Often, the defense attempts to exclude evidence from a case by filing a motion to suppress, and the motion can include in argument that the evidence was obtained illegally, and therefore cannot be used in court. Periodically, new legal precedents are set as judges explore the boundaries of the law when they rule on controversial search and seizure cases. These precedents, in turn, are used to set standards for the law enforcement community so that they know how to properly collect evidence.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By anon163754 — On Mar 29, 2011

Thank you. This is well thought out, and was helpful to me. Good luck with this site. This is hardly a threat to national security!(the WikiLeaks thing).

It's empowering to people who have tried everything else to get this information but they keep it from people. Take care.

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.