Search and seizure is the process of a police officer or any other authority figure who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence pertaining to the crime that might have been committed. Search and seizure is a legal procedure that is carried out in most common law and civil law legal systems. The United States Constitution guarantees, in the Fourth Amendment, that citizens of the country are free from unreasonable search and seizures. This right is based on the premise that everyone is entitled to a reasonable amount of a right to privacy. Before a search and seizure can be carried out, a search warrant must first be obtained by the law enforcement officers. A search warrant is a court ordered document that is issued by a judge. The document authorizes law enforcement to conduct a search of a person or a location for evidence in a criminal offense and seize the items that pertain to the case.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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The Fourth Amendment only guarantees a right of freedom from unreasonable search and seizures committed by government agencies such as police departments, the FBI, the CIA, the DEA and other agencies. The Fourth Amendment does not guarantee the right of freedom from unreasonable search and seizures from private citizens of the United States or corporations within the United States.
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Other exceptions include searches incident to a lawful arrest, border search exceptions, searches in public schools, searches of government offices and a search may be conducted at anytime, anywhere if the person of interest gives consent to the search.
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