What is the distinction between "searches" and "seizures"?

The distinction between "searches" and "seizures" is fundamentally about the nature of what law enforcement is doing in relation to property and evidence. A search refers specifically to the investigation or examination of a person, place, or vehicle with the intent of finding evidence of a crime. It is about looking for and examining items that may be relevant to an investigation. This act often requires probable cause and may necessitate a warrant, unless an exception applies.

On the other hand, a seizure occurs when law enforcement takes possession of an item of evidence that they have discovered, either through a lawful search or in a situation where they have the right to seize the property without a search warrant, such as during an arrest. Seizures involve the actual handling and controlling of evidence, thereby preventing the owner from possessing it.

This fundamental distinction is crucial in understanding the legal framework surrounding arrests, searches, and seizures, highlighting the different legal standards and implications that apply to each action.