Search And Seizure

Share This
« Back to Glossary Index

Search and seizure must be based on either a search warrant or probable cause

The legal term “probable cause” is used extensively by law enforcement and our criminal justice system. The term represents the standard of proof necessary to establish before law enforcement can search and seize evidence that they believe will connect the suspects to the evidence seized.

The 4th amendment states in relevant part that the People have the “right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures… [and that this right]… shall not be violated…and that no warrants shall issue, but upon probable cause ….”

Generally speaking, probable cause means there is a reasonable basis for believing that a crime has been committed or is in the likely process of being committed.

When A Search Warrant Is Not Required:

  • When Consent To Search Is Given
  • Search Upon Arrest
  • Contraband In Plain Sight 

Related Articles

Defendants Rights In Criminal Proceedings

April 3, 2021
The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution's Bill of Rights. This article addresses the rights of the accused in criminal proceedings. According to…
Read more →

Types of Criminal Defenses

April 3, 2021
There are a variety of criminal defenses that may allow a defendant to avoid legal responsibility for their criminal actions. This article spotlights some of the most common affirmative and mitigating defenses to crimes, such as self-defense, duress-coercion, heat of passion, diminished capacity, insanity, and temporary insanity. Understanding Criminal Defenses Presumption of Innocence Under the law,…
Read more →

Rules of Evidence

April 3, 2021
There are two types of evidence codes. One is used for criminal proceedings and the other for civil proceedings. Both codes are similar but differ in the standard of proof each requires to prevail.
Read more →

US Constitution

April 3, 2021
We the People of the United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article 1, Section 1…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.

Sponsors