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What is a search and seizure procedure?
A search and seizure procedure is where police search a potential suspects property and confiscate any evidence they feel is important. It is used in civil an common law.
What is the law on illegal search and seizure?
Most commonly, any direct or derivative evidence resulting from the improper search would not be allowed at trial.
Due process means that the rule of the law will be fair For example rules of the law for search and seizure are accepted by the law and the courts to be correct according to the Constitution?
Procedural
Do the police have the right to do Search and Seizure?
Under the Constitution, which is the law of the land in the USA, Search and Seizure is legal when the police have received a search warrant normally signed by a local judge. There are some situations, depending on the jurisdiction (where the search takes place) in which the police don't require a search warrant signed by a judge.
What the difference between the apprehension of suspect and search and seizure?
a search and seizure are the same thing but a searh is look and a seizure is physicaly look.
The fundamental doctrines of constitutional search and seizure law were revolutionized in part by the Supreme Court in the 1960s by?
The Warren Court
Fundamental doctrines of Constitutional search and seizure law were revolutionized in part by the Supreme Court in the 1960s by?
The Warren Court
Right of search and seizure regulated?
There is no right of search and seizure. In the US, it is prevented by the 4th amendment.
New Jersey search and seizure law?
The New Jersey State Law for search and seizure is the search can only be justified if the person conducting the search has a warrant or something he/she sees is in plain sight. If at school the personnel can conduct a search if that staff member has reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline or something in plain sight led that person to believe such activity as happening at fault of the student.
What are the policies regarding Search and seizure on college campuses?
The policies regarding search and seizure on college campuses are that police officers have to have a search warrent from a judge before they can search someone.
What is illegal search and seize?
Search and seizure are two different things. A search is an intrusion into a reasonable expectation of privacy. A seizure is the taking or interference with custody or movement of a person or property. You can have a search without a seizure, and a seizure without a search. Either is unlawful if the search or seizure is not supported by the probable cause to believe that a crime has occurred, is about to occur, or is occurring, and the search or seizure will result in evidence of that crime. Probable cause is a reasonable belief, based on facts available to the person doing the searching and seizing, that criminal activity is taking place. With some exceptions, an officer can't conduct a search just because he wants to, or on pure speculation. There has to be some reasonable basis for the search.
Can the police search you without reading you your rights first?
The Miranda Rights have nothing to do with a search or seizure. The Miranda Rights are only read prior to a custodial interrogation, which a search and/or seizure is not.
