Search
Definition
- Search refers to the action taken by law enforcement authorities to examine premises, vehicles, or individuals in order to find evidence related to a suspected crime.
Purpose
- The purpose of a search is to gather evidence that can be used in criminal investigations or proceedings.
- It helps authorities in uncovering illegal activities, preventing crimes, and ensuring the administration of justice.
Warrant Requirement
- In many jurisdictions, a search warrant issued by a judge or magistrate is required before conducting a search.
- The warrant is obtained by demonstrating probable cause, which means there is reasonable belief that the search will reveal evidence of a crime.
Execution of Search
- Law enforcement authorities, typically police officers, execute search actions.
- They enter the premises or conduct a search of the designated area, following the terms and conditions specified in the warrant.
Rights of Individuals
- Individuals have the right to be informed of the reasons for the search and their rights during the process.
- They have the right to legal representation and the right to remain silent.
Seizure
Definition
- Seizure refers to the legal act of confiscating or taking possession of items, assets, or evidence found during a search.
Purpose
- The purpose of seizure is to secure items that are relevant to a criminal investigation and may serve as evidence.
Seized Items
- Seized items can include documents, electronic devices, weapons, drugs, or any other objects that may serve as evidence.
- The seized items are typically secured and documented by law enforcement authorities.
Admissibility of Seized Evidence
- The admissibility of the seized evidence in legal proceedings may be subject to scrutiny.
- If it is found that the seizure violated the individual’s rights or legal procedures, the evidence may be excluded from the proceedings.
