Legal Definitions - constructive search

Constructive search is a type of search that involves the subpoena of a corporation's records. This means that the government requests access to a company's documents to find evidence of a crime. It is considered a "search" under the Fourth Amendment, which protects against unreasonable searches and seizures.

For example, if the government suspects a company of fraud, they may issue a subpoena to access the company's financial records. This is a constructive search because the government is not physically searching the company's premises, but rather requesting access to their records.

Another example of constructive search is when a regulatory authority conducts an administrative search of public or commercial premises to enforce compliance with health, safety, or security regulations. This type of search is less stringent than a search incident to a criminal investigation and does not require probable cause.