Unreasonable Search In Seizure
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FAQ
The circumstances under which a warrantless search, seizure, or arrest is deemed reasonable generally fall within seven categories: Felony Arrest in a Public Place. ... Searches Directly Related to a Lawful Arrest. ... Traffic Stops for Reasonable Suspicion. ... Suspects of Ongoing Criminal Activity. ... Exigent Circumstances.
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause.
Police can only search the area listed in the search warrant. For example, if they had a warrant to search your car they could not also search your home. However, they can search outside the scope of the warrant and seize other items if they are in plain view. They can also act to prevent the destruction of evidence.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.