Search and seizure
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Template:CrimPro Search and seizure is a legal procedure used in many common law whereby police, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. Certain countries, such as the United States and Canada, have provisions in their constitutions that provide the public with the right against "unreasonable" search and seizure. This right is generally based in the premise that everyone is entitled to a reasonable right to privacy.
Though interpretation may vary, this right usually requires law enforcement to obtain a search warrant before engaging in any form of search and seizure.
United States
The Fourth Amendment to the United States Constitution provides for a citizen's protection against unreasonable search and seizure in the United States. Case law has maintained that until an arrest has occurred, law enforcement are required to gain a warrant before they can effect a search. However, searches are permitted under the "plain view" and "open fields" doctrine that allow an officer to seize evidence that is located where there is no expectation of privacy.
In addition, there is an exception for "exigent circumstances" where the officer reasonably believes that a suspect may destroy evidence. Otherwise, an officer can only effect a search on the basis that there is "probable cause" that a crime has been committed. What a police officer can see before an arrest is only what he/she can search. Evidence procured contrary to the provisions of the Fourth Amendment are subject to exclusionary rule, and may be inadmissable at trial.
Forfeiture laws are covered under Title 18, part I, chapter 46 of the United States Code.
Canada
In Canada, Section Eight of the Canadian Charter of Rights and Freedoms protects all individuals from unreasonable search and seizure. For a search to be "reasonable" it must be authorized by law, the law itself must be reasonable, and the manner in which the search was carried out must be reasonable (R. v. S.A.B., 2003 SCC 60). This means that the officer must be acting within the power of a valid statute, and it must be performed on the basis of there being "reasonable and probable grounds" that a crime has been committed.