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Search and Seizure by definition refers to a police practice whereby a person or place is searched and evidence useful in the investigation and prosecution of crime is seized The Fourth Amendment and Fourteenth Amendment to the United States Constitution and constitutionally limit the search and seizure by provisions in the several state constitutions statutes and rules of court Generally people instinctively understand the rights and concepts and of privacy Its the freedom to decide which details of your life are private and public Likewise we acknowledge that society is served when the police in appropriate circumstances are allowed to investigate and confiscate contraband stolen goods and evidence of a crime However the Constitution plays a significant role in our attempts to balance our desires for privacy against the legitimate needs of the police It is the Fourth Amendment of the US Constitution which prohibits unreasonable searches and seizures by state or federal law officers Basically this means that the police may conduct a search of your property according to the conditions 1 The police can show that it is more likely than not that a crime has occurred and that if they are allowed to search they will probably find evidence or contraband This apparent and reliable fact that create a reasonable belief that a crime has been or is being committed is called probable cause 2 A judge agrees there is probable cause and issues a search warrant or the police are permitted to search without a warrant because of the particular circumstances involvedIn People vs Bennett 70 Cal Rptr 2d 850 Cal 1998 the Supreme Court upheld the seizure of a motel room in which the investigating officer told the manager to put a cuff lock on the outside of the motel room The defendant who was arrested for a recent murder had been occupying the room and still had another 18 hours left until checkout time the next morning The investigating
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