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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.
It depends what kind of seizure and how strong it is, but often yes.
Yes, it can occur without consent. It cannot occur without their knowledge. They will get to have their say at the court hearing.
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
A court warrant is valid until the warrant is served or the conditions requiring the warrant are satisfied. The warrant is valid indefinitely until these things occur.
Probable cause to believe that an offense is, has, or is about to occur at a particular identifiable location. This is presented to a judge in writing, signed and sworn to by the applying officer (known as an affidavit), and if the judge agrees they issue a warrant.
Probable cause or a warrant.
The medical term for after a seizure or attack is "postictal state." It refers to the period of altered consciousness and behavior that can occur following a seizure or neurological event. Symptoms can include confusion, fatigue, headache, or memory loss.
actions occur when there is now perfect knowledge or consent, or when either or both of the knowledge or consent is partial. Angelbunchfranco :)
The U.S. Supreme Court has defined the term "search" to occur when
There are several reasons why a seizure will occur, The most comman reason if not epileptic, is a high fever. Also if a trauma to the head or a lesion on the brain can cause a seizure
whenever their is a life in danger or the destruction of evidence to a case, " exigent circumstances " may occur and a warrant can be over looked in a court of law, if and only if that is the circustance.