According to John Yoo, a warrantless search or seizure is reasonable if it is based on the President's inherent constitutional authority during times of war or national emergency. Yoo argued that the Fourth Amendment does not apply in these circumstances, allowing for warrantless actions in order to protect national security.
The government's interests outweigh all other concerns APEX
Conduct a warrantless search and seizure.
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.
The court allows the government to conduct a warrant-less search and seizure.
The scope of a valid warrantless vehicle search is not limitless. It is generally limited to areas within the immediate control or reach of the driver, where there is a reasonable belief that evidence of a crime may be found. Searches that go beyond these limitations may be considered unreasonable and violate the Fourth Amendment protection against unreasonable searches and seizures.
OSHA (Occupational Safety and Health Administration) conducted a warrantless search of Barlow's business claimiing the authority to do so under its regulatory powers. Supreme Court ruled against OSHA in this circumstance but did NOT totally rule out all no-notification, warrantless, regulatory-type searches.See below link:
The Fourth Amendment protects against unreasonable search and seizure. However, there are many exceptions to the Fourth Amendment, some of which permit warrantless entry into a home.
Factors that determine whether a search is reasonable include obtaining a warrant from a judge, having probable cause to conduct the search, ensuring the search falls within the scope of the warrant, and conducting the search without violating constitutional rights such as the Fourth Amendment protection against unreasonable search and seizure.
yes
a search and seizure are the same thing but a searh is look and a seizure is physicaly look.
There is no right of search and seizure. In the US, it is prevented by the 4th amendment.