What constitutes an unlawful search?

An unlawful search occurs when law enforcement conducts a search without the necessary legal justification, such as a warrant or probable cause. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, meaning that searches must generally be carried out based on evidence or a legal warrant issued by a competent authority.

When no legal justification is provided, evidence obtained during such a search may be deemed inadmissible in court due to the violation of an individual's rights. This principle helps ensure that citizens are protected from arbitrary invasions of privacy by government authorities.

In contrast, a search conducted with a valid warrant or performed with the legal justification of probable cause is considered lawful, as it adheres to the legal requirements established to protect civil liberties. Additionally, searches conducted in public areas can also be lawful because individuals in those areas have lesser expectations of privacy compared to private spaces.