Search and Seizure procedure is a well known phenomenon in the police department.
This procedure is absolutely legal and it allows any official from the law enforcement department to conduct a search on one's individual property in suspicions of any kind of criminal activity or for any crime committed by an individual.
There are several rules to be followed when carrying out a search and seizure procedure.
Unauthorized search and seizure cannot be carried out by any police official, and it is condemned.
Everyone has his right to claim his privacy and can question when it is invaded.
Anyone whose property is going to be checked can actually claim a warrant, in which case, a warrant must be submitted before the raid is conducted.
The United States Constitution has put the search and seizure procedure in the fourth amendment act.
The violation of the fourth amendment act is pretty common in the society.
This act gives the assurance that the any citizen can claim security against the whole idea of seizure.
There must be a very valid reason for the search warrant to be issued by the judge in the court.
The warrants are not always issued when there is a lack of evidence in the case.
Fourth amendment is a weird rule with certain requirements that have to be brought in when the court deals with the search and seizure procedure.
If a search warrant was issued, and if there is a valid reason behind it, there are certain things that can question the fidelity of the warrant.
And it's the duty to assure the individual that a proper procedure has been carried over to get the consent of the concerned authorities to carry the search out.
In case there is no warrant, a search can be conducted with the consent of the person whose place is being raided.
There are no points to state that a search is voluntary.
The court decides if the case given is valid or not after looking into the situation.
The law enforcement people don't have the necessity to inform the concerned person about the search.
In case there is another party involved, who is the owner of the property, then, they have all the right to give a permission to search the house without the present tenant's permission.
The search and seizure procedure was instituted in such a way that the government has the maximum hold over the rule, anyone who is suspected can be searched without prior information, all that is required is a proper notice to the concerned authorities as to why the procedure is going to be carried out on that particular individual.
The whole idea behind this search and seizure procedure is to ensure that the community is protected from all sorts of wrong happenings.
It is true that ones privacy needs to be respected, and nobody wants to go home with a feeling that his rights have been overstepped, but, this is seen in a more wider perspective as a society, and not as an individual.
This is the reason for which the fourth amendment was coined.
It is always wise for you to keep yourself aware about all the rights that you have and what can be done to protect it.
The best idea to protect yourself from all these hassles is to be a citizen who abides by the law, so that you will stay out of trouble.