Which scenario describes unlawful search and seizure?

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The scenario that describes unlawful search and seizure is one in which a search is carried out without probable cause. Under the Fourth Amendment of the United States Constitution, individuals are protected against unreasonable searches and seizures. For a search to be lawful, law enforcement must generally demonstrate probable cause, which means there is a reasonable basis for believing that a crime may have been committed and that evidence of that crime is likely to be found in the place that is being searched.

When a search occurs without probable cause, it violates this constitutional protection, leading to any evidence obtained being potentially excluded from court under the exclusionary rule. This principle aims to deter law enforcement from conducting searches that infringe upon individuals' rights without sufficient justification.

In contrast, a search conducted with a valid warrant is lawful as it indicates that a judge has determined there is probable cause. Searches performed with voluntary consent do not violate Fourth Amendment protections, since individuals can waive their rights if they voluntarily agree to allow a search. Lastly, searches that respect an individual's privacy rights are lawful by definition, as they adhere to the legal standards set to protect citizens from unwarranted intrusions.

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