Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

search and seizure :: legal definition


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.

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


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
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
arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
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
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
search :: v. 1) to examine another's premises (including a v ... e search and seizure 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
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
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
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
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
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder