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Search And Seizure

The term search and seizure refers to the ability of police and government agencies to perform a search of a person's property if they have reason to believe that the person was involved in a crime or the residence may be harboring evidence relating to a crime, such as stolen property. If evidence is found it is then removed from the property. Law enforcement agencies can gain access to a property by a few different methods. They can bring a search warrant which has been signed by a judge. The search warrant allows them to enter the property whether or not the person residing in the property is home or agrees to give them access. Other times, the property owner or person residing on the property can give consent to law enforcement to perform a search. Sometimes a search and seizure can be done without a warrant or permission of the people inside the property. This happens when the police officers feel that someone is in danger or that evidence might be in danger of being destroyed.

Fast Facts

  • The fourth amendment of the constitution protects American citizens from unlawful search and seizure
  • A Sneak and Peak search warrant gives law enforcement the right to enter a premises secretly but they cannot remove property from it

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