Legal Definitions - search and seizure

Search and seizure refers to the actions taken by law enforcement when they examine a person's property or person to look for evidence of a crime, and then take possession of any such evidence found. It encompasses two distinct but related concepts:

• A search is the act of law enforcement officers physically examining a location, such as a home, vehicle, business, or even a person, with the intent to discover items related to a suspected criminal activity.
• A seizure occurs when officers take control of those items, removing them from the owner's possession because they are believed to be evidence of a crime, contraband, or instruments of a crime.

The U.S. Constitution, primarily through the Fourth Amendment, protects individuals from unreasonable searches and seizures. This generally means that law enforcement must obtain a warrant from a judge, specifically detailing what can be searched and what can be seized, before conducting such actions. However, there are specific, limited circumstances where a warrant may not be required, such as when there is an immediate threat to public safety or when evidence is in plain view.

Here are some examples illustrating search and seizure:

• Example 1: Warrant-Based Search of a Residence

  Police receive credible information that a suspect is operating an illegal counterfeit currency printing operation from their basement. After gathering additional evidence, officers present their findings to a judge, who then issues a search warrant for the suspect's home, specifically authorizing them to look for printing equipment, special paper, and fake currency. Officers execute the warrant, enter the home, and proceed to search the basement. There, they discover and take possession of a high-quality printer, stacks of uncut counterfeit bills, and specialized ink. The act of entering and looking through the basement is the search, and taking the printer, bills, and ink is the seizure.

• Example 2: Warrantless Search of a Vehicle Based on Probable Cause

  A police officer pulls over a car for a traffic violation. As the officer approaches the vehicle, they detect a strong, distinct odor of burnt marijuana emanating from the car's interior. Based on this smell, which provides probable cause to believe a crime has been committed and evidence is present, the officer conducts a search of the vehicle's passenger compartment. During this search, the officer finds a small bag of marijuana under the driver's seat and a pipe in the glove compartment. The officer then takes these items into custody. The act of looking through the car's interior is the search, and taking the marijuana and pipe is the seizure, both justified by the probable cause established by the smell.

• Example 3: Search of a Person Incident to Arrest

  An individual is arrested for shoplifting after being observed by store security concealing merchandise and attempting to leave without paying. Once the police arrive and formally arrest the suspect, they conduct a pat-down search of the individual's person to ensure they are not carrying any weapons or additional stolen items. During this search, the officer finds not only the stolen merchandise but also a small, unregistered knife in the suspect's pocket. The officer takes both the stolen goods and the knife. The pat-down of the suspect's person is the search, and the act of taking the stolen merchandise and the knife is the seizure, both permissible as a search incident to a lawful arrest.