Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

unreasonable search and seizure

Read a random definition: registration

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
LSD+ is ad-free, with DMs, discounts, case briefs & more.