Final answer:
Under CCP 18.16, an officer must have a search warrant based on probable cause to legally seize property, which implies that it could be stolen or involved in a crime. The Fourth Amendment emphasizes the need for due process and a search warrant before seizure, with certain exceptions.
Step-by-step explanation:
The CCP 18.16 refers to legal procedures surrounding the seizure of property. As per the Fourth Amendment, law enforcement must have probable cause supported by oath or affirmation that the property is indeed connected to criminal activity, which could mean it is stolen or used in committing a crime. To seize the property legally, an officer must first obtain a search warrant describing the specific place and items to be seized.
The right against unreasonable searches and seizures protects individuals from the government's arbitrary intrusion and ensures that law enforcement proceeds with due process, emphasizing the need for a search warrant before the seizure. In some cases, however, exceptions apply where a warrant may not be required, such as with owner consent, evidence in plain view, exigent circumstances, or if there is a lack of a reasonable expectation of privacy.