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Search and seizure
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.
In Italy protection from search and seizure is enshrined in Article 14 of the Constitution, which states:
"The home is inviolable. Home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws."
There is little to no protection from unreasonable search and seizure in New Zealand.
Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates the right to be free from unreasonable search and seizure into New Zealand law, stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise." However, Section 4 of the Act explicitly denies the Bill of Rights supremacy over other legislation. The result is that the right to protection from unreasonable search and seizure is routinely ignored by the State, which is able to exercise sweeping powers of search and seizure against private individuals. This has been reinforced further by courts delineating unreasonableness versus unlawfulness, making it possible that, for example, a lawful search can be unreasonable.
The only remedy available to individuals who have experienced an unreasonable search and seizure is to seek to have evidence excluded from proceedings under the Evidence Act procedures. However, there is no statutory remedy or recourse for search and seizures which do not yield any evidence, and only rarely are civil damages awarded to individuals who can afford to file lawsuits for compensation.
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Search and seizure AI simulator
(@Search and seizure_simulator)
Search and seizure
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.
In Italy protection from search and seizure is enshrined in Article 14 of the Constitution, which states:
"The home is inviolable. Home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws."
There is little to no protection from unreasonable search and seizure in New Zealand.
Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates the right to be free from unreasonable search and seizure into New Zealand law, stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise." However, Section 4 of the Act explicitly denies the Bill of Rights supremacy over other legislation. The result is that the right to protection from unreasonable search and seizure is routinely ignored by the State, which is able to exercise sweeping powers of search and seizure against private individuals. This has been reinforced further by courts delineating unreasonableness versus unlawfulness, making it possible that, for example, a lawful search can be unreasonable.
The only remedy available to individuals who have experienced an unreasonable search and seizure is to seek to have evidence excluded from proceedings under the Evidence Act procedures. However, there is no statutory remedy or recourse for search and seizures which do not yield any evidence, and only rarely are civil damages awarded to individuals who can afford to file lawsuits for compensation.