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Can a fish and game officer search your business with out a warrant or probable cause?
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Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?
You have the right to refuse a search of your car unless the officer has a valid search warrant or probable cause to believe there is evidence of a crime in your vehicle. However, it's important to comply with the officer's instructions to avoid escalating the situation.
Can revoking consent for an ufficer to search give a police officer an indication of probable cause to obtain a search warrant?
No. The officer would have to have other reasons than a revoked consent. Revoking a consent does not lead to the officer having a 51%/ more likely than not justification that there is evidence of a crime. There has to be other factors that play into it. And even if he does have probable cause he would need to get the warrant and then continue the seach.
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
Can a conservation officer search your property without a search warrant?
It depends on which state you live in, but for the most part, a search warrant is not needed if the following conditions are met: 1. There is a probable cause (i.e. the officer sees 6 sets of antlers poking out from under a tarp on your property) 2. The officer sees or obtains the probable cause legally (is it visible from the street, or did he/she observe you carrying out the elements of a crime) 3. The officer has the legal authority (i.e. is he/she a peace officer or otherwise authorized in your state) The officer can also get consent from the property owner by asking, then of course, a search warrant is not needed. Most investigators will not execute a search without a warrant unless they believe that there is a danger of destruction of evidence or there is a danger to public safety. It often takes only a phone call to obtain a telephonic warrant.
Can an officer search your car any time?
A police officer in the United States can only physically search your car with a warrant or probable cause, such as seeing a weapon, open container or drug paraphernalia through a window.
Is probable cause an element of a search warrant?
Yes.
How is a search warrant related to a probable cause?
it isnt
What do the police need to have in order to get a search warrant?
Probable cause.
Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
What is the purpose of a warrant?
In the Bill of Rights the fourth amendment says the government must have a warrant and probable cause to search and/or seizure of your property.
What is an application and affidavit for search and seizure warrant?
In order to obtain a warrant, a police officer / prosecutor must ask a judge to issue the warrant (the application) and submit evidence (usually his own sworn testimony in the form of a written affidavit) that the search/seizure is supported by probable cause.Additional; The "application" for a warrant is called an "affidavit." The statement of probable cause contained in the affidavit MUST satisfy the issuing judge that sufficient probable cause exists to satisfy the law. ONLY after the judge signs the affidavit is a legally sufficient warrant issued.
What are the conditions necessary to issue a warrant?
Police are required to have probable cause, to produce a sworn statement outlining what led to probable cause, the warrant must be particular in regards to the search (desirably leaving nothing to the discretion of the officer), and must be issued by a neutral and detached magistrate.
