Most commonly, any direct or derivative evidence resulting from the improper search would not be allowed at trial.
Right against illegal search and seizure
if there is belief of illegal activities
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.
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.
To prove innocence in a case involving illegal search and seizure, one must first demonstrate that the search violated the Fourth Amendment, which protects against unreasonable searches and seizures. This typically involves showing that law enforcement lacked probable cause or a warrant. If successful, any evidence obtained from the illegal search may be deemed inadmissible in court, weakening the prosecution's case. Additionally, presenting alibi evidence or alternative explanations can further support a claim of innocence.
Self incrimination and illegal search and seizure are two of the things.
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.
exclusionary rule
Procedural
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.
a search and seizure are the same thing but a searh is look and a seizure is physicaly look.
The Warren Court