US Criminal Law/Search and seizure

Search and seizure

The Fourth Amendment to the United States Constitution states that: “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue; but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”

The courts in interpreting this have determined that searches conducted with a search warrant are assumed to be reasonable and searches without a search warrant are assumed to be unreasonable and therefore illegal. However, the courts have also determined several exceptions to the requirement of a search warrant. For a warrant to issue, there must be these five requirements: Probable cause Oath or affirmation of probable cause Particularly describing places to be searched, and what is to be searched for and/or seized Signed by the Judicial Branch (a judge, essentially) Executed by the Executive Branch (the police, in general)

Further Reading With a warrant Without a warrant