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Why can search warrants be used in some cases but not in others?
Wiki User
∙ 14y ago
Not sure exactly what you are asking. A search warrant requires the police to have probable cause that particular evidence of a crime will be found in the place to be searched. Probable cause is more than just a hunch or even reasonable suspicion. The place to be searched must be specificly identified and also the type of evidence. Only a judge can issue a search warrant.
Search warrants are only required where there is an expectation of privacy in the place to be searched. Normally this is only your home and the immediate area around the home.
Although the search warrant requirement is being diminished over the years as suggested by the answer given above, a search warrant may be required - and is good practice - in order to search not only your home property, but also storage units, safe deposit boxes, boats and automobiles, and even your own body - places where people are said to "have a reasonable expectation of privacy."
There are exceptions to the requirement that a judge issue a warrant before a search can be commenced. Ordinarily, a warrant is required to enter a home. However, in a situation where the police have reason to believe that evidence is being destroyed inside, they can enter without a warrant. This also applies if they see someone commit a felony and then follow him into a home (pursuit of a fleeing felon.)
Another major exception to the search warrant requirement applies to vehicles. Courts have ruled that vehicles can be so easily moved and aren't as private as homes, and there are several exceptions to the warrant requirement based on these ideas. These include a law enforcement officer's right to search a vehicle incident to arresting it's occupant - basically to search for weapons within the vehicle for the officers' safety - even when the vehicle's occupant is handcuffed and in a patrol car. (Although this wouldn't allow them to open a locked suitcase in the trunk.) Police also can perform inventory searches when they impound a vehicle, and no warrant is required for that.
Consent can do away with the need for the police to get a warrant. Often when police ask a person if they mind if they search their car or apartment, people will say "yes" because they don't want to appear guilty, and are secretly hoping that this is a sort of test and the police won't actually then search. Tip: they always search. You've just made it easier.
Wiki User
∙ 14y ago
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Why can warrants be used in some cases and not others?
Warrants are only issued if a judge feels there is just cause to search someone or some place. If the evidence isn't there, a warrant may not be issued.
Can a Justice of peace sign a warrant?
Yes, in some jurisdictions a Justice of the Peace may have the authority to issue and sign arrest warrants, search warrants, and other court-issued documents. This authority may vary depending on the specific laws and regulations of the jurisdiction.
Does a search warrant have a cause number?
Unknown what a "CAUSE" number is - but ALL warrants are assigned some type of tracking number for both administrative and court document purposes.
What is difference between state tax lien and tax warrants?
They are essentially the same thing. Some states call them liens, some call them warrants.
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Arrest warrants are issued and signed by judges. Some jurisdictions may require the District Attorney's signature, and some require the signature of the arresting investigator, but ALL arrest warrants require a judge's approval.
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Here is some great search engine BUT these are way better than the others out there now. swagbucks, irazoo. Some good search browser sites are Google, Bing, and wikipedia.
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