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Simple English definitions for legal terms

unreasonable search and seizure

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A quick definition of unreasonable search and seizure:

An unreasonable search and seizure is when the police search or take someone's things without a good reason or a special paper called a warrant. This is against the law because everyone has the right to keep their things private. If the police do this, the evidence they find cannot be used in court. However, sometimes the police can search without a warrant if there is an emergency or if someone gives them permission. If the police follow the rules and make an honest mistake, the evidence they find can still be used in court.

A more thorough explanation:

An unreasonable search and seizure is when a search or seizure is done without a legal search warrant or without probable cause. This violates the Fourth Amendment, which protects people's privacy against government officers. The Fourth Amendment says that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

If an unreasonable search or seizure happens, the evidence obtained cannot be used in criminal trials. This is called the exclusionary rule. However, this rule does not apply to other court proceedings, impeachment of evidence against the defendant, or civil proceedings.

Qualified immunity protects government employees from being personally sued by the defendant. This means that even if the evidence is excluded, the officer who performed the unreasonable search or seizure cannot be sued.

There are exceptions to warrantless searches, such as the plain view doctrine, exigent circumstances, hot pursuit, consent, administrative search, and stop and frisk. If a government officer has a search or seizure warrant that turns out to be invalid, evidence seized via their search or seizure may not be excluded if they acted in good faith.

  • If a police officer searches someone's house without a warrant or probable cause, it is an unreasonable search and seizure.
  • If an officer stops a car and searches it without probable cause, it is an unreasonable search and seizure.
  • If an officer searches someone's car and finds drugs in plain view, it is not an unreasonable search and seizure because the officer did not need a warrant or probable cause to see the drugs.
  • If an officer searches someone's car without a warrant or probable cause and finds drugs, but the officer believed they had a valid warrant, the evidence may not be excluded if the officer acted in good faith.

These examples illustrate how an unreasonable search and seizure can happen and how the exclusionary rule and good faith exception work.

unreasonable | unseasoned issuer

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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