What is the legal standard for "search and seizure" under the CCP?

The legal standard for "search and seizure" under the Code of Criminal Procedure is primarily based on the requirement of probable cause and a warrant, with certain exceptions. This means that law enforcement must have a reasonable belief, supported by evidence, that a crime has been committed or that evidence of a crime can be found in the location they wish to search. The requirement for a warrant serves as a safeguard against arbitrary invasions of privacy, ensuring that searches and seizures are conducted based on judicial approval rather than the discretion of individual officers.

There are exceptions to the warrant requirement, such as exigent circumstances, searches incident to lawful arrest, and consent searches, which allow law enforcement to conduct searches without a warrant. However, the underlying principle is that probable cause should guide the decision to obtain a search warrant before executing a search. This standard helps to uphold individual rights under the Fourth Amendment, which protects against unreasonable searches and seizures.