D.U.I./Criminal and Traffic Defense Glossary Terms

Refers to the action of law enforcement to search for and take evidence. This search is legally allowed if law enforcement follows the rules of the 4th Amendment to the Constitution and/or if it is reasonable that a person would not consider the place being searched to be a private place. The 4th Amendment to the U.S. Constitution states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Usually, a legal search of a private place will include a warrant signed by a judge but instances of unwarranted search may differ by state and circumstance. A criminal defense attorney can advise you with questions about the legality of search and seizure.

The punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the trial jury’s verdict or the judge's decision if there was a bench trial (no jury). The judge creates the punishment from mandates in state law or federal law (in convictions for federal crimes). Sentence refers to jail or prison time but also to other punishment mandates of the judge for conviction of the crime including fines, community service, restitution, probation, and any other punishment-related details.