The Guide to Unreasonable Search and Seizure | Attorney911

https://attorney911.com/ -- The Fourth Amendment to the U.S. Constitution protects against unreasonable government searches and seizures. If the police violate your Fourth Amendment rights while investigating or arresting you, you may be able to have illegally-obtained evidence excluded from court.

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What is the definition of search and seizure?
A search is defined as any time an agent of the government interferes with an individual’s reasonable expectation of privacy, generally by searching their property, body, or home. A seizure can refer to either the seizure of a person or a seizure of property.

A seizure of a person is defined as when a police officer’s conduct would communicate to a reasonable person that they are not free to leave. For a person to be seized, the police officer must show authority through handcuffs, physical contact, a firearm, or verbal command, and the person must submit to that authority.

A seizure of property is defined as when a government actor meaningfully interferes with a person’s possessory interest in their property.

What is unreasonable search and seizure?
Reasonableness is considered to be the primary test of whether a search or seizure is constitutional. If a search or seizure is conducted without a warrant, it is presumed to be unreasonable unless it falls within a few exceptions. The most obvious exception is if the police officer feels that the suspect may have access to a weapon.

When determining whether a warrantless search or seizure was justified, a court will balance the amount the search or seizure intruded on the person’s right to privacy with the government interest advanced by conducting the search or seizure without first obtaining a warrant. To decide whether a search or seizure was unreasonable, a court will look at all the facts and circumstances and objectively analyze the situation.

What’s an example of search and seizure?
Some common examples of a search include:

Pat downs
Searches of your body or clothing
Searches of your vehicle
Searches of your home or rental property
Searches of a bag, luggage, or another container
Drug dog sniff inspections
Electronic surveillance
Some common examples of a seizure include:

Arrests
Traffic stops
Investigative detentions
Confiscating personal property

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