When would an evidence seizure be considered unlawful?

An evidence seizure is considered unlawful if it is not conducted with a search warrant because the Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. This fundamental legal principle stipulates that law enforcement must generally obtain a search warrant from a judge or magistrate based on probable cause before conducting a search of private property or seizing evidence. Conducting a seizure without this legally required warrant usually renders the evidence inadmissible in court, as it violates the rights to privacy and due process.

The other scenarios do not inherently render a seizure unlawful. Conducting a seizure during regular hours is permissible and does not affect the legality of the search. The immediate storage of items is a best practice for maintaining the integrity of evidence but isn't a legal requirement for the seizure to be lawful. Similarly, while logging evidence into a database is crucial for tracking and accountability, the absence of this step does not automatically classify the seizure as unlawful.