search and seizure
n.
A search in which the officers conducting the search take evidence of a crime if they find it.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


search and seizure
In criminal law, the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


search and seizure
n. The same as search, with the added provision of retention of any contraband or evidence of criminal activity that is found. Generally, a warrant is required, and the scope of that warrant will be very limited, due to Fourth Amendment constraints. There are, however, certain circumstances in which a warrant is not needed, including seizure of abandoned items, a hidden weapon, or contraband items that are in plain view.

Webster's New World Law Dictionary. . 2000.


search and seizure
A hunt by law enforcement officials for property or communications believed to be evidence of crime, and the act of taking possession of this property.
In international law, the right of ships of war, as regulated by treaties, to examine a merchant vessel during war in order to determine whether the ship or its cargo is liable to seizure.

Dictionary from West's Encyclopedia of American Law. 2005.


search and seizure
A hunt by law enforcement officials for property or communications believed to be evidence of crime, and the act of taking possession of this property.
 
In international law, the right of ships of war, as regulated by treaties, to examine a merchant vessel during war in order to determine whether the ship or its cargo is liable to seizure.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

search and seizure
n.
   examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). The basic question is whether the search and seizure were "unreasonable" under the 4th Amendment to the Constitution (applied to the states under the 14th Amendment), which provides: "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Thus, searches and seizures must be under the authority of a search warrant or when the officer has solid facts that give him/her "probable cause" to believe there was evidence of a specific crime on the premises but no time to get a warrant. Evidence obtained in violation of the Constitution is not admissible in court, nor is evidence traced through such illegal evidence.

Law dictionary. . 2013.

Look at other dictionaries:

  • Search and seizure — is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person s property and confiscate any relevant evidence to …   Wikipedia

  • search and seizure — In law enforcement, an exploratory investigation of a premises or a person and the taking into custody of property or an individual in the interest of gaining evidence of unlawful activity or guilt. The latitude allowed police in carrying out… …   Universalium

  • search and seizure — Means for the detection and punishment of crime; the search for and taking custody of property unlawfully obtained or unlawfully held, such as stolen goods, property forfeited for violation of the law, and property the use or possession of which… …   Ballentine's law dictionary

  • search and seizure warrant — n: search warrant at warrant Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • search and seizure order — See search order Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010 …   Law dictionary

  • military search and seizure — Search and seizure by persons in military service. During a state of war or after martial law has been declared, officers engaged in the military service may lawfully arrest anyone who, from information before them, they have reasonable cause to… …   Ballentine's law dictionary

  • unreasonable search and seizure — See search and seizure The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. unreasonable search and seizure …   Law dictionary

  • unreasonable search and seizure — A seizure of property discovered on an unreasonable search. 47 Am J1st Search § 52. A literal search and seizure is not required to constitute all unreasonable search and seizure. The surreptitious removal from his office of incriminating… …   Ballentine's law dictionary

  • Visit, Board, Search, and Seizure — (VBSS) is the term for maritime boarding actions and tactics, designed to capture enemy vessels, to combat terrorism, piracy and smuggling, and to conduct customs, safety and other inspections, as employed by modern navies, marine and maritime… …   Wikipedia

  • wrongful search and seizure — See unreasonable search and seizure …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”