How does search and seizure work?

Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person’s property and confiscate any relevant evidence found in connection to the crime.

What are search and seizure rights?

The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests (“seizures”).

What does the 6th Amendment do?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What do you need to know about search warrants?

Search Warrant. Overview. A search warrant is a warrant issued by the competent authority authorizing a police officer to search a specified place for evidence even without the occupant’s consent. A search warrant is generally required for a Fourth Amendment search, subject to a few exceptions.

What can a warrant authorize the police to do?

For example, a warrant may authorize the search of “the single-dwelling premises at 11359 Happy Glade Avenue” and direct the police to search for and seize “cash, betting slips, record books, and every other means used in connection with placing bets on horses.”

Can a police officer execute a search warrant at night?

The rules allow officers to copy seized material for later review. The new version of Rule 41 governing these searches also allows police officers to plant tracking devices on persons or property. Generally, only under special circumstances may police officers execute search warrants at night.

What happens if the police find evidence during a search?

If, during a search that is within the legal paramters of a warrant, the police uncover evidence of an unrelated crime, they may seize that evidence immediately and arrest anyone related to the evidence based on probable cause to believe a crime has been committed.