What is the difference between search and seizure?

Answer 1

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.

Answer 2

Technically, 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.