Difference between revisions of "Search and seizure"
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Though specific interpretation may vary, this right can often require [[law enforcement]] to obtain a [[search warrant]] or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the [[exclusionary rule]]. | Though specific interpretation may vary, this right can often require [[law enforcement]] to obtain a [[search warrant]] or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the [[exclusionary rule]]. | ||
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| + | Some searches that occurred in [[2020]] and [[2021]] in Germany appear not to be based on legitimate legal and law enforcement matters, but instead have been used as a method of government repression against certain people.<ref>https://2020news.de/en/erfurts-public-prosecutors-office-does-not-even-come-to-a-halt-for-bundestag-candidates-eight-simultaneous-house-searches-on-account-of-sensationalist-court-ruling/</ref> | ||
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Revision as of 01:14, 15 December 2021
 Search and seizure    | |
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| Searches of property by law enforcement for legitimate purposes; but depending on the country, also used to intimidate dissenters and dissidents. |
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy.
Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule.
Germany
Some searches that occurred in 2020 and 2021 in Germany appear not to be based on legitimate legal and law enforcement matters, but instead have been used as a method of government repression against certain people.[1]
