Search and Seizure

Search and Seizure

Introduction

Search and seizure is the legal term used to describe a law enforcement agent's examination of a person's home, vehicle, or business to find evidence that a crime has been committed. If evidence is found, the agent may then “seize” it. Search and seizure also includes placing an individual under arrest.

The Fourth Amendment of the United States Constitution protects our right to privacy by prohibiting unreasonable intrusions into our personal property. In order to uphold these rights, the legislature and the courts created legal safeguards to allow officers to interfere with a person's Fourth Amendment rights only under specific conditions.

So what protections are you given by the Fourth Amendment? You are protected from being detained or arrested without a valid reason. The police may not search your items or property where you would have a recognized expectation of privacy. These may include your purse, clothing, car, hotel room, house, or business.

Discussion

The Fourth Amendment 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 and Affirmation, and particularly describing the places to be searched, or the persons or things to be seized." The Fourth Amendment is essentially a limitation of the awesome and limitless power of the state. It is an affirmation of the right of the people against unreasonable searches and seizures. It reiterates the time-honored rule that a person's house is so sacred that not even the highest and mightiest monarch could enter it against the owner's will.

In essence, it is the `right to be let alone' that is being protected by the Fourth Amendment. It requires that before any search is made the person subject of the search must either give his consent to the search or a valid search warrant is secured from the court. In the absence of these and the other exceptions to be discussed later, the search is considered unreasonable and violates the protection under Fourth Amendment.

The right to privacy of private individuals against the state is fairly well-settled. However, the issue of the right to privacy of the employees in the workplace is still the subject of debate. Research shows that an increasing number of employers monitor the activities of their employees. They monitor not only the employees' performance within the workplace but they are also interested in their activities outside the workplace. Employers examine their employees' blood, urine, eating habits, smoking habits, dating partners, litigation histories, credit reports and other personal information in an attempt to determine that only the best people will work for them. Most cite productivity and profitability as their primary reasons for conducting these activities.

Valid Warrantless Searches and Seizures

When a police officer conducts a search or an arrest without warrant, generally the search or the arrest is considered illegal. For example, a crime was committed within the community. One week after its commission, the police ...