Home > West's Encyclopedia of American Law > Search and Seizure

A hunt by law enforcement officials for property or communications believed to be evidence of crime, and the act of taking possession of this property.

In INTERNATIONAL LAW, the right of ships of war, as regulated by treaties, to examine a merchant vessel during war in order to determine whether the ship or its cargo is liable to seizure.

Overview

Search and seizure is a necessary exercise in the ongoing pursuit of criminals. Searches and seizures are used to produce evidence for the prosecution of alleged criminals. The police have the power to search and seize, but individuals are protected against ARBITRARY, unreasonable police intrusions. Freedom from unrestricted search warrants was critical to American colonists.

Under England's rule, many...