Search and seizure is a legal procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who suspect that a crime has been committed, commence a search of a persons property and confiscate any relevant evidence found in connection to the crime. The Fourth Amendment of the United States Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons. The Fourth and the Fourteenth Amendments of the U.S. Constitution require that any search of a person or their premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, but in emergency circumstances, they may do away with the warrant requirement.
A search involves law enforcement officers going through part or all of an individuals property, and looking for specific items that are related to a crime that they have reason to believe has been committed. A seizure happens if the officers take possession of items during the search. There are exceptions to the rule that a warrant must be obtained before performing a search. For example, if a person gives voluntary consent to the officer, the search is legal. There are also some cases where a third party who is in charge of the property may give consent (i.e., hotel management). If the officer does not have a warrant but has probable cause to believe that a person committed a crime, he or she may then perform a search.
