Unreasonable search and seizure is when a legal officer conducts an improper search and seizure. In most countries, police must follow legal procedures before searching someone. The Fourth Amendment in the US Constitution protects against unreasonable searches and seizures. Evidence obtained from an unlawful search cannot be used against a person, and other evidence found as a result of the illegal search is also inadmissible.
Unreasonable search and seizure refers to an unwarranted or improper examination by a legal officer in which items are identified and/or seized. In the vast majority of countries, police or other law enforcement officials can’t just frisk someone for no reason. If these officials do not follow proper legal procedures and conduct a search, such a search may be classified as unreasonable; if things are taken during the search, the seizure can also be qualified as unreasonable.
Within the United States, those who are suspected of a crime are endowed with certain rights in the United States Constitution. The Fourth Amendment, in particular, protects against unreasonable searches and seizures. Several other countries also grant safeguards in their governing doctrines, such as the Canadian Charter or the English Bill of Rights.
In most countries and jurisdictions, police or legal officials must follow one of several protocols before conducting a search without permission. First, law enforcement officers can get a warrant after probable cause is proven. Probable cause means that there is evidence to suggest that a search will develop further evidence of a crime or other wrongdoing.
If the police do not have a warrant, a search is usually prohibited. In some cases, however, urgent circumstances may be sufficient to permit a search without a warrant. Urgent circumstances refer to situations where someone could be in danger if the police do not carry out searches immediately, for example if the police hear screams behind a locked door.
The protections against unreasonable searches and seizures apply to searches in person and searches of property. For example, the police cannot frisk someone or force them to empty their pockets without justification. Also, the police cannot enter someone’s property or search a person’s car without a warrant or reasonable justification or suspicion for the search.
If proper protocol is not followed and an unreasonable search and seizure occurs, any evidence obtained from such an unlawful search generally cannot be used against the person. For it to be used, law enforcement must convince a judge that the evidence would have been found, even without the unreasonable search and seizure. Furthermore, if the evidence found in an illegal search reveals other evidence, that other evidence cannot be used because it is considered “fruit of the poisonous tree” since it would not have been found except for the violation of the defendant’s rights.
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