 |
 |
Back to Criminal Defense Attorneys Home |
Forfeiture - Search & Seizure
Forfeiture - Search & Seizure
Forfeiture, also known as Search and Seizure, is a legal procedure used by common law in which police or other authorities conduct an in-depth search of a persons personal property. Authorities will conduct a search when they suspect that a crime has been committed. Throughout the search, authorities will confiscate any items they feel are relevant evidence for the crime committed.
Countries, such as the United States and Canada, have provisions to their constitutions that provide the general public with protective rights against unjust search and seizure. These rights coincide with the belief that every citizen is entitled to a reasonable right to privacy. In the United States, this is known as the Fourth Amendment.
Prior to forfeiture, the law requires authorities to obtain a search warrant. A search warrant is a legal written warrant issued by a judge that grants authority to the police to conduct a search of a person or location for evidence of a criminal offense. Authorities may then seize any evidence they feel is applicable to the crime committed. In order to obtain a warrant, the authority must prove that probable cause exists.
Under the Fourth Amendment, searches are to be specific and reasonable. The warrant must specify the object to be searched or the location to be searched. If multiple locations and/or objects need to be searched, than more than one search warrant may be necessary.
There are instances in which a search warrant may not be needed. If the person in control of the premises gives permission to be searched, a warrant is not required. If an officer makes an arrest, they are permitted to conduct a search for weapons or other items of risk. Other instances are when evidence is in plain view and when the public is at risk due to an emergency situation.
|
|
 |
|
 |
 |
 |
You may also search for one of America's top
Criminal Defense Attorneys
in your state by clicking your state below.
|
 |
 |
|