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unreasonable search and seizure :: legal definition


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 also: fruit of the poisonous tree probable cause search and seizure and Related Law Terms ↓


Related Law Terms

amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause

Popular Law Searches

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Other Law Terms - U

UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
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unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
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Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
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unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
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