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What is a search? A search is an invasion of a privacy interest, it is an illegal intrusion into a matter that is wholly private to you. It is for your eyes and ears only.
A seizure is also an invasion (but not into a privacy interest); rather, it is an intrusion in your possessory interest. It is an illegal taking of an item, for which the right of ownership belongs solely to you.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoTechnically, it is referred to as reasonable suspicion and probable cause, as there is no such term as reasonable search and seizure. There are some rules limiting or prohibiting the use of both.
In probably cause, typically the police need an obvious reason to stop a person and search their property. This can come in the form of reports by other citizens on observed behaviors at a property or in the case of a vehicle unlawful activities such as speeding or wreckless driving.
In some cases the police can use reasonable suspicion in the event an invidivudals behavior seems suspcious to investigate their property, such as carrying tools useful in crimes, stopping individuals based on suspect descriptions, etc. Arrests are not viable for reasonable suspicion though it does grant them the right for searchs. If during a reasonable suspicion stop, the officers find illegal materials on a person, it grants them probable cause to make an arrest.
During such stops police are required to fill out a form indicating they have enacted such a stop.
Unlawful search and seizure occurs when a police officer stops an individual without resonable suspicion or probable cause, and searches that individual for contraband, and proceeds to impound non-illegal items (such as concealed carry fire arms when the carrier has a permit present). It also occurs when the police search a property and seize items without a warrant to do so. This typically does not occur in minor crimes but larger felonies.
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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.
Right of search and seizure regulated?
There is no right of search and seizure. In the US, it is prevented by the 4th amendment.
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.
Is there a difference between and auction and a sheriffs sale?
An auction is voluntary. Sherriff's sale follows a seizure of property.
What is the difference between a boolean search and a keyword search?
A keyword search searches for exact word when a boolean search looks for synonym's. The difference between a keyword search and a boolean search is the focus of the search. A keyword search is a search for an exact word. A boolean search is a search for a synonym.
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.
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.
Is it considered unreasonable search and seizure if the police come inside the owner's property but do not conduct any search nor do they seize anything?
No. How can it be unreasonable search and seizure if they didn't conduct a search or seize anything.
Difference between research method and search model?
A research method refers to the approach or technique used to conduct a study, encompassing procedures for data collection, analysis, and interpretation. On the other hand, a search model pertains to a theoretical framework that outlines the process by which information is retrieved and selected in a search process. While research methods deal with the overall research design, search models specifically focus on information retrieval processes.
What is the difference between WikiAnswers and Google Search?
Google search - is a search engine. WikiAnswers is a forum.
What is the difference between a search service and a search engine?
really...........nothing. there the same..
