TOPIC DEFINITIONS

2000-2001 NFL Policy Debate Topic

Resolved: That the United States federal government should significantly increase protection of privacy in one or more of the following areas: employment, medical records, consumer information, search and seizure.

THE UNITED STATES IS THE 48 CONTERMINOUS STATES, D.C., ALASKA, AND HAWAII

Random House Dictionary of the English Language, 1987; EE2001 -hxm P.

Unitfed StateS, A republic in the N Western Hemisphere comprising 48 coterrminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific.

FEDERAL GOVERNMENT IS THE GOVERNMENT OF THE UNITED STATES

Ballentine's law Dictionary, Third Edition, 1969; EE2001-hxm P.

Federal Government. The government of the United States; the government of a community of independent and sovereign states, united by compact.

FEDERAL GOVERNMENT REFERS TO THE UNION OF STATES

Black's Law Dictionary, 19 9 0; EE2001 -hxm P.

Federal government. The system of government administered in a nation formed by the union or confederation of several independent states.

In strict usage, there is a distinction between a confederation and a federal government. The former term denotes a league or permanent alliance between several states, each of which is fully sovereign and independent, and each of which retains its full dignity, organization, and sovereignty, though yielding to the central authority a controlling power for a few limited purposes, such as external and diplomatic relations. In this case, the Component states are the units, with respect to the confederation, and the central government acts upon them, not upon the individual citizens.

GOVERNMENT IS THE POLITICAL DIRECTION AND CONTROL OVER CITIZENS AND STATES

Random House Dictionary of the English Language, 1987; EE2001 -hxm P.

Government, the political direction and control exercised over the actions of the members, citizens, or inhabitants of communities, societies, and states; direction of the affairs of a state, community, etc

GOVERNMENT IS THE BODY OF PERSONS THAT EXERCISES AUTHORITY AND CONTROL OVER THE PEOPLE

Webster's Ninth New Collegiate Dictionary, 1984; EE2001-hxm

government, 1 : the act or process of governing; specif : authoritative direction or control 2 obs : moral conduct or behavior : DISCRETION 3 a : the office, authority, or function of governing b obs : the term during which a

governing official holds office 4 : the continuous exercise of authority over and the performance of functions for a political unit.

SHOULD DENOTES AN OBLIGATION OR NECESSITY

Webster's New World Dictionary) Second College Edition, 1970; EE2001 -hxm

should 1. Pt. Of SHALL 2. an auxiliary used to express: a) obligation, duty, propriety, necessity, etc. [children should be loved] b) expectation or probability [he should be here soon]: equivalent to ought to and not replaceable by would.

SIGNIFICANTLY REQUIRES IMPORTANCE OR CONSEQUENCE

Random House Dictionary of the English Language, 1987; EE2001 -hxm P.

sig-nif-i-cant, adj. 1. important; of consequence. 2. having or expressing a meaning, indicative suggestive: a significant wink 3. Statistics, of or pertaining to observations that are unlikely to occur by chance and that therefore indicate a systematic cause.

INCREASE IS TO MAKE GREATER

Random House Dictionary of the English Language, 1987; EE2001 -hxm

in-crease 1. to make greater as in number, size, strength, or quality; augment; add to: to increase taxes. 2. to become greater, as in number, size, strength, or quality: Sales of automobiles increased last year. 3. to multiply by propagation.

INCREASE IS TO BECOME GREATER IN DEGREE, SIZE OR AMOUNT

Webster's New World Dictionary, Second College Edition, 1970; EE2001 -hxm

in-crease 1. to become greater in size, amount, degree, etc.; grow 2. to become greater in numbers by producing offspring.

PROTECTION OF INFORMATION PRIVACY IS LIMITED AND INCONSISTENT

Fred H. Cate, Brookings Institution, 1997; PRIVACY IN THE INFORMATION AGE, EE2001 -mfp p. 99

The protection for information privacy in the United States is disjointed, inconsistent, and limited by conflicting interests. There is no explicit constitutional guarantee of a right to privacy in the United States. Although the Supreme Court has fashioned a variety of privacy rights out of the Bill of Rights and the Fourteenth Amendment, "information privacy" has received little protection, primarily based on the Fourth and Fourteenth Amendments. In the Fourth Amendment arena, the Court has found constitutional violations when the police have searched for or seized records without a warrant or meeting one of the exceptions to the warrant requirement. The Court, however, has written that the Fourth Amendment privacy right has little application outside of the context of the investigation and prosecution of criminal activity. Moreover, this protection against such searches does not extend to information controlled by a third person. Under the Fourteenth Amendment, the Court has recognized a constitutional right restricting the government from compelling individuals to disclose certain personal information. This right protects only the interest of an individual in not disclosing certain information, and that right is evaluated under intermediate scrutiny, as opposed to the strict scrutiny required when fundamental rights are at stake.

PROTECTION IS THE ACT OF BEING PROTECTED

Webster's New World Dictionary, Second College Edition, 1970; EE2001 -hxm

Protection 1. a) a protecting or being protected b) an instance of this 2. a person or thing that protects 3. a safe-conduct pass or passport .

PRIVACY IS THE RIGHT TO BE LEFT ALONE

Black's Law Dictionary, 19 9 0; EE2001 -hxm

Privacy, right of. The right to be let alone; the right of a Person to be free from unwarranted publicity; and right to live without unwarranted interference by the Public in matters with which the public is not necessarily concerned. Term "right of privacy" is generic term encompassing various rights recognized to be inherent in concept of ordered liberty, and such right prevents governmental interference in intimate personal relationships or activities, freedoms of individual to make fundamental choices involving himself, his family, and his relationship with others. Industrial Foundation of the South v. Texas Indus. Acc. Bd., Tex., 540 S.W.2d 668, 679- The right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses.

It is said to exist only so far as its assertion is consistent with law or public policy, and in a proper case equity will interfere, if there is no remedy at law, to Prevent an injury threatened by the invasion of, or infringement upon, this right from motives of curiosity, gain or malice. Federal Trade Commission v. American Tobacco Co., 2(A- U.S. 298, 44 S,Ct. 336, 68 L.E& 696.

DEFINITION: PRIVACY

Fred H. Cate, Brookings Institution, 1997; PRIVACY IN THE INFORMATION AGE, EE2001 -mfp p. 19

Despite the attention given to privacy, especially recently, surprisingly little agreement has occurred on what privacy means. In his sweeping survey of the history of privacy law in the United States, Ken Gormley identified in the literature four understandings of privacy: "an expression of one's personality or personhood, focusing on the right of the individual to define his or her essence as a human being" (Roscoe Pound and Paul Freund); "autonomy-the moral freedom of the individual to engage in his or her own thoughts, actions, and decisions" (Louis Henkin); "citizens' ability to regulate information about themselves, and thus control their relationships with other human beings" (Alan Westin and Charles Fried); and the "essential components" approach, in which scholars identify certain essential components, such as "secrecy, anonymity and solitude" (Ruth Gavison).

DEFINITION: PRIVACY

Ann Cavoukian, Ph. D, Info. and Privacy Commission in Ontario, and Don Tapscott, Alliance for Converging Technologies, 1997; WHO KNOWS, EE 2001 -mf p p. 12

Other definitions of privacy have included:

* "The extent to which we are known to others, the extent to which others have physical access to us, and the extent to which we are the subject of others' attention."

* "A degree of inaccessibility of persons, of their mental states, and of information about them to the senses and surveillance devices of others."'

* "The claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others."

Conrad deFiebre; Star Tribune Star Tribune (Minneapolis, MN) January 9, 2000, SECTION: NEWS; Pg. 1A // acs-EE2001

For more than a century, U.S. ideas about privacy generally reflected famed jurist Louis Brandeis' formulation as "the right to be let alone." That kind of privacy was the legal basis for U.S. Supreme Court rulings favoring birth control and abortion rights, which tended to drive social conservatives away from the issue.

PRIVACY IS THE RIGHT TO BE LEFT ALONE

PHILIPPA STRUM, CITY UNIVERSITY OF NEW YORK, 1998, PRIVACY: THE DEBATE IN THE UNITED STATES SINCE 1945, EE2001 -AP P. 4

Warren and Brandeis called privacy "the right to be let alone. " It also can be defined as the control human beings have over physical access to themselves and their possessions and over access to information about them. Human beings appear to share a need for periods of time and space away from each other, although the form privacy takes is very much a function of time and place, of society and class-so much so that anthropologists differ about whether all cultures include the concept of privacy.

PRIVACY IS THE ABILITY TO WITHDRAW FROM SOCIETY

PHILIPPA STRUM, CITY UNIVERSITY OF NEW YORK, 1998, PRIVACY: THE DEBATE IN THE UNITED STATES SINCE 1945, EE2001-AP P. 7

Political scientist Alan Westin has defined privacy as "the voluntary and temporary withdrawal of a person from the general society through physical or psychological means." This definition complements the "right to be let alone" articulated by Warren and Brandeis. It implies that, although people have a role in public life, there ,is also a sphere in which the public must not intrude. But, as Westin notes, privacy also is "the claim of individuals, groups or institutions to determine for themselves when, how, and to what extent information about them is communicated to others."

PRIVACY HAS CHANGED ITS MEANING DURING THE 20^TH CENTURY

ADAM WOLFSON; executive editor of the Public Interest, The Weekly Standard, March 27, 2000 SECTION: BOOKS & ARTS; Pg. 38 TITLE: The Private Interest; In our confessional culture, we have a right of privacy -- and nothing private // acs-VT2001

The difference between privacy and autonomy cannot be overstated. Liberal reformers at the turn of the last century charged the party of reticence with being ashamed of things relating to the body, especially sex. When liberals took up the banner of privacy later on, it was not because they suddenly recalled how to blush. Rather, these defenders of contraception, abortion, and physician-assisted suicide, far from rediscovering shame, were defying its power. The new right of privacy has nothing to do with reticence and everything to do with personal empowerment. What were once thought to be, by definition, private matters (sex) are now public, and what were once thought to be, by definition, public matters (deliberate killing) are now private.

THE HISTORICAL PERCEPTION OF PRIVACY

Fred H. Cate, Brookings Institution, 1997; PRIVACY IN THE INFORMATION AGE, EE2001 -mfp p. 20

Randall Bezanson, too, has written about privacy as a contextual concept, but he has identified the historical roots of privacy not as an antisocial aspiration but rather as a social instrument, the boundary of which "is a reflection of, and indeed is dictated by, social habits and institutions." According to Bezanson, at its origin in American jurisprudence, the right to privacy encouraged the disclosure of sensitive information to others within a given social grouping or class by penalizing its distribution outside of that intimate association. Protection of privacy therefore "represent[ed] an effort to maintain social organizations and values that were threatened by urbanization."

THE KATZ DECISION RENDERS PRIVACY LAW CIRCULAR AND INDETERMINATE

Richard S. Julie, J.D. Candidate Georgetown University Law Center, Winter 2000; AMERICAN CRIMINAL LAW REVIEW, "high-tech surveillance tools and the fourth amendment: reasonable expectations of privacy in the technological age," EE2001-hxm lxnx

Another common criticism of Katz's reasonable expectation of privacy test is that it is circular; as the argument goes, the Supreme Court protects only those expectations that are reasonable, while the only expectations that are reasonable are those which the Supreme Court is willing to protect. n46 The Court has also been criticized because the first prong of Justice Harlan's test, that involving the  [*133]  subjective manifestation of the expectation of privacy, n47 has gone largely ignored; indeed, it is not practicable if one is to base constitutional criminal procedure on the type of bright-line rules necessary for effective police work. n48 For example, the rule of Katz, that there is a reasonable expectation of privacy in telephone calls made from a public phone booth, is unequivocal. Even if a particular citizen subjectively expects that the police are monitoring his calls, the Fourth Amendment prohibits the police from doing so without a warrant. n49 Just as ignorance of the law is no defense to a criminal charge, ignorance of one's right to privacy does not effect a waiver thereof. In practice, the first prong of Justice Harlan's test is only used by courts in situations where a reasonable expectation of privacy is found not to exist. n50

PRIVACY IS THE MOST BROADLY ENCOMPASSING OF RIGHTS

ADAM WOLFSON; executive editor of the Public Interest, The Weekly Standard, March 27, 2000 SECTION: BOOKS & ARTS; Pg. 38 TITLE: The Private Interest; In our confessional culture, we have a right of privacy -- and nothing private // acs-VT2001

But if Warren and Brandeis's understanding is dead, the modern view is alive and well. This year marks the thirty-fifth anniversary of Griswold v. Connecticut, in which the Supreme Court declared, "the Bill of Rights have penumbras, formed by emanations" that create zones of privacy. One of those zones was the right of married couples to purchase contraceptives. In subsequent decisions, the Court extended the right beyond married couples, and in Roe v. Wade, the Court found the privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." Many legal scholars argue that it's broad enough to encompass "physician-assisted suicide" as well. Thus, Warren and Brandeis's discrete understanding of privacy has become an outsized concept containing a variety of rights that together form a radical version of personal autonomy.

PRIVACY INCLUDES FOUR IMPORTANT FACETS

David Banisar and Simon Davies, Deputy Director of Privacy International (PI) and Director General of Privacy International and a Visiting Fellow at the London School of Economics, "GLOBAL TRENDS IN PRIVACY PROTECTION: AN INTERNATIONAL SURVEY OF PRIVACY, DATA PROTECTION, AND SURVEILLANCE LAWS AND DEVELOPMENTS," The John Marhall Journal of Computer & Information Law , Fall, 1999, 18 J. Marshall J. Computer & Info. L. 1, EE2001-JGM, P.

Definitions of privacy vary widely according to context and environment. In many countries, the concept has been fused with data protection, which interprets privacy in terms of managing personal information. Outside this rather strict context, privacy protection is frequently seen as a way of drawing the line at how far society can intrude into a person's affairs. n9 It can be divided into the following facets: Information privacy, involving the establishment of rules governing the collection and handling of personal data such as credit information and medical records; Bodily privacy, concerning the protection of people's physical beings against invasive procedures such as drug testing and cavity searches; Privacy of communications, covering the security and privacy of mail, telephones, email and other forms of communication; and Territorial privacy, concerning the setting of limits on intrusion into the domestic and other environments such as the workplace or public space.

The lack of a single definition should not imply that the issue lacks importance. As one writer observed, "in one sense, all human rights are aspects of the right to privacy." n10

PRIVACY IN THE INTERNET FIELD IS USED DIFFERENTLY THAN IN OTHER FIELDS -- WATCH OUT FOR CONFUSION

SIMSON L. GARFINKEL, CISSP, is the chief technology officer of Sandstorm Enterprises, Information Security, April, 2000; Pg. 108 TITLE: Privacy, PLEASE // acs-EE2001

"PRIVACY" is a word that tends to get misused a lot by Internet security professionals. Just look at the RFCs, the closest thing the Internet has to a set of standards. The word privacy appears in 282 RFCs -- but rarely do the RFC authors use the word privacy the same way that it's used by the majority of computer users.

ON THE INTERNET PRIVACY USUALLY MEANS SECRECY

SIMSON L. GARFINKEL, CISSP, is the chief technology officer of Sandstorm Enterprises, Information Security, April, 2000; Pg. 108 TITLE: Privacy, PLEASE // acs-EE2001

In the technical documents of the Internet, the word privacy is most often used as a synonym for the word "secrecy" -- or even better, the word "encryption." Information is private if it can be transported over the Internet without being intercepted and decoded by an intermediary. Indeed, the word privacy is used so often in this context that it has become a technical term, along with the words "authenticity" and "integrity." Consider this sentence from RFC 2291, an informational RFC on the WEBDAV: "These protocols should insure the authenticity of messages and the privacy and integrity of messages in transit."

INTERNET USERS DEFINE PRIVACY DIFFERENTLY THAN INTERNET REGULATORS -- THEY SEE IT AS BEING LEFT ALONE

SIMSON L. GARFINKEL, CISSP, is the chief technology officer of Sandstorm Enterprises, Information Security, April, 2000; Pg. 108 TITLE: Privacy, PLEASE // acs-EE2001

Users of the Internet have a more conventional notion of privacy. For the great majority of Internet users, privacy is the right to be alone. It's also the right to be free of intrusion. Increasingly, people believe that a key aspect of their personal privacy is the right to control how their name, image, reputation and personal information are used.

PRIVACY CANNOT BE PRECISELY DEFINED AND MUST BE DETERMINED BY ITS CONSEQUENCES

Dr. Janis L. Gogan, professor at Bentley College, InformationWeek, February 8, 1999, Pg. 184, TITLE: Privacy Vs. Protection -- Balancing Privacy With Free Speech And E- Commerce Means Protecting Ourselves Against Impostors // acs-VT2001

Privacy cannot be precisely defined, because it is a multidimensional topic. Privacy advocates cite studies indicating that most Americans are "concerned" or "anxious" about threats to their privacy. But broad-brush statements like this do not accurately portray consumers' multifaceted privacy concerns. For one thing, consequences matter.

IT IS IMPOSSIBLE TO COME UP WITH ONE ACCEPTED DEFINITION OF PRIVACY

Colin J. Bennett & Rebecca Grant, Assoc. Prof. Of Political Science & Assoc. Prof. of Business, both at University of Victoria (BC), VISIONS OF PRIVACY: Policy Choices for the Digital Age, "Introduction," 1999, EE2001-JGM, p.4-5

Neither do we make any assumptions about the meaning of the term privacy.' It is an almost customary feature of any analysis of privacy to begin with a disclaimer about the inherent difficulty, perhaps impossibility, of defining exactly what 'privacy' is and of disaggregating its various dimensions. Successful attempts have probably been made to specify the various roles that privacy may perform within modem political systems. A useful distinction can also be made between privacy as an intrinsic or aesthetic value, or the 'restriction of personal information as an end in itself, 6 and privacy as an instrumental or 'strategic' value where the aim is perhaps to ensure that the 'right data are used by the right people for the right purposes. 7 For our purposes, it would be misleading and confining even to try to provide a general definition of 'privacy' to focus the analysis. All definitions, to some extent, are based on questionable assumptions about individualism and about the distinction between the realms of civil society and the state. Many gloss over essential cultural, class-related, or gender differences. More than thirty years of semantic and philosophical analysis leaves us with the overwhelming sense that privacy is a deeply and essentially contested concept.

DEFINITION: PRIVACY

Fred H. Cate, Brookings Institution, 1997; PRIVACY IN THE INFORMATION AGE, EE2001 -mf p p. 20

Arnold Simmel has focused on the normative, rather than descriptive, aspect of privacy:

"Privacy is a concept related to solitude, secrecy, and autonomy, but it is not synonymous with these terms; for beyond the purely descriptive aspects of privacy as isolation from the company, the curiosity, and the influence of others, privacy implies a normative element: the right to exclusive control to access to private realms."

The desire for privacy "does not exist in isolation, but is part and parcel of the system of values that regulates action in society." Seen in this light, privacy is a struggle for control between the individual and society.

CONFIDENTIALITY DOES NOT EQUAL PRIVACY

Ann Cavoukian, Ph. D, Info. and Privacy Commission in Ontario, and Don Tapscott, Alliance for Converging Technologies, 1997; WHO KNOWS, EE 2001 -mf p p. 30

Privacy involves the right to exercise control over your personal information. Perhaps the most important aspect of this control is its collection-deciding whom you're going to give your information to. Privacy protection imposes restrictions on the collection, storage, use, and dissemination of personal information. Confidentiality, on the other hand, provides only one means of protecting that information, in the form of keeping it secure from prying eyes. So when you think of privacy, think of a broad range of protections. When you think of confidentiality, think of safekeeping and security.

The difference between the broader privacy protection and confidentiality is important, because once your personal information is collected, it may be too late to guarantee its protection by trying to keep it confidential. Indeed, some, such as Professor James Rule, a sociologist specializing in research related to privacy and surveillance, have argued that restrictions should be placed on the initial collection of your personal information. Although procedural safeguards are certainly better than nothing, don't let them mislead you. Once your information has been obtained, it is virtually impossible for anyone to give an ironclad assurance about its control or safekeeping. And in this day of high-speed computers, telecommunications, and advanced networks, it is of even greater concern. Beware of those giving assurances of confidentiality-such claims will generally be unsubstantiated.

EMPLOYMENT IS THE ACT OF EMPLOYING OR STATE OF BEING EMPLOYED

Black's Law Dictionary, 1990; EE2001 -hxm

Employment. Act of employing or state of being em. ployed; that which engages or occupies; that which consumes time or attention; also an occupation, profession, trade, post or business. Hinton v. Columbia River Packers' Ass'n, C.C.A.0r., 117 F.2d 310. Includes the doing of the work and a reasonable margin of time and space required in passing to and from the place where the work is to be done. California Casualty Indemnity Exchange v. Industrial Accident Commission, 21 Cal.2d 751, 135 P.2d 158, 161. Activity in which person engages or is employed; normally, on a day-to-day basis. See also Casual employment; Course of employment; Seasonal employment.

MERRIAM WEBSTER’S COLLEGIATE DICTIONARY, 2000

Medical: 1 : of, relating to, or concerned with physicians or the practice of medicine 2 : requiring or devoted to medical treatment

THE NEWBERRY HOUSE DICTIONARY ONLINE, 2000

med·i·cal adj. related to medicine: She visited a medical clinic for a flu shot. -adv. medically.

MERRIAM WEBSTER’S COLLEGIATE DICTIONARY, 2000

Consumer: one that consumes: as a : one that utilizes economic goods b : an organism requiring complex organic compounds for food which it obtains by preying on other organisms or by eating particles of organic matter

THE NEWBERRY HOUSE DICTIONARY ONLINE, 2000

con·sum·er n. the ordinary person who buys and uses goods and services: Companies do research on what the consumer thinks about their

products.

-adj. related to the consumer: Advertising reports are referred to as ``research in consumer preference."

MERRIAM WEBSTER’S COLLEGIATE DICTIONARY, 2000

Information: 1 : the communication or reception of knowledge or intelligence; 2 a (1) : knowledge obtained from investigation, study, or instruction (2) : INTELLIGENCE, NEWS (3) : FACTS, DATA b : the attribute inherent in and communicated by one of two or more alternative sequences or arrangements of something (as nucleotides in DNA or binary digits in a computer program) that produce specific effects c (1) : a signal or character (as in a communication system or computer) representing data (2) : something (as a message, experimental data, or a picture) which justifies change in a construct (as a plan or theory) that represents physical or mental experience or another construct d : a quantitative measure of the content of information; specifically : a numerical quantity that measures the uncertainty in the outcome of an experiment to be performed; 3 : the act of informing against a person; 4 : a formal accusation of a crime made by a prosecuting officer as distinguished from an indictment presented by a grand jury

THE NEWBERRY HOUSE DICTIONARY ONLINE, 2000

in·for·ma·tion n. [U] knowledge, news, facts: Newspapers carry useful information about current events.

SEARCH AND SEIZURE IS A POLICE PRACTICE IN WHICH A PERSON OR PLACE IS SEARCHED AND EVIDENCE IS SEIZED

Barron's Law Dictionary, 19 9 1; EE2001 -hxm P.

SEARCH AND SEIZURE a police practice whereby a person or place is searched and evidence useful in the investigation and prosecution of crime is seized. The extent of a search and seizure is constitutionally limited by the Fourth and Fourteenth Amendments to the United States Constitution and by provisions in the several state constitutions, statutes, and rules of court. One limitation requires that the search and seizure be reasonable, which usually requires the existence of probable cause to believe that the item searched for was involved in criminal activity and will be located at the place to be searched. In most circumstances a search warrant is required prior to the search and seizure. However, there are several exigent circumstances where such warrants are not required: (1) searches that are incident to an arrest, see 267 U.S. 132; 399 U.S. 30, [which must be limited to the person and the immediately surrounding area, see 395 U.S. 752 (1969)]; (2) frisks conducted as part of an investigative stop [limited to a frisk of the outer clothing for a weapon, see 392 U.S. 11; (3) seizures of items in plain view, see 390 U.S. 234; (4) seizures of abandoned property, see 265 U.S. 57; (5) circumstances where it would be impossible or unwise to secure a warrant, see 387 U.S. 294; (6) searches where there is proper consent, 412 U.S. 218; and (7) searches at international borders. See 413 U.S. 266. If there is an unreasonable or otherwise unconstitutional search, the evidence seized will be excluded at any criminal proceeding where the defendant has standing to object to its introduction. See 439 U.S. 128. Furthermore, all fruits of the illegal search are excluded. See 251 U.S. 385. Victims of an illegal search may also bring a civil tort suit against the officers for the violation of their civil right of privacy. See 403 U.S. 388. See exclusionary rule; illegally obtained evidence. Compare unreasonable search and seizure.

SEARCH AND SEIZURE IS THE SEARCH FOR AND TAKING CUSTODY OF PROPERTY NEEDED TO BE USED FOR PROSECUTION

Ballentine's Law Dictionary, Third Edition, 1969; EE2001 -hxm P.

search and seizure. Means for the detection and punishment of crime; the search for and taking custody of property unlawfully obtained or unlawfully held, such as stolen goods, property forfeited for violation of the law, and property the use or possession of which is prohibited by law, and the discovery and taking into legal custody of books, papers, and other things constituting or containing evidence of crime.