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Can a search and seizure be reasonable if it is not authorized by a warrant?
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What is the purpose of a search warrant?
Only the police can apply for a search warrant, and only a judge can approve of the search warrant. The police only apply for search warrants when they have reasonable suspicion that their suspect is hiding something illegal in his/her house.
What is the document that gives the rights to arrest or search and seizure?
warrant
Is a search and seizure warrant one document or two?
A Search Warrant is 1 document An Arrest Warrant is 1 document. There is no document that allows both.
What is the purpose of search 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.
Who can authorize a legal search?
A legal search would be authorized by a search warrant, signed by a judge.
When search and seizure may be made without warrant?
if there is belief of illegal activities
What are facts about the United States coast guard?
search and seizure without warrant
Do the police have the right to do Search and Seizure?
Under the Constitution, which is the law of the land in the USA, Search and Seizure is legal when the police have received a search warrant normally signed by a local judge. There are some situations, depending on the jurisdiction (where the search takes place) in which the police don't require a search warrant signed by a judge.
On an outstanding warrant can they enter your property without a search warrant?
They already have a warrant for the arrest of a person so they do not need another one to entire the residence of the named person. However, they do need a search and seizure warrant to search the premises for anything or anyone not included in the "outstanding" warrant.
What is illegal search and seize?
Search and seizure are two different things. A search is an intrusion into a reasonable expectation of privacy. A seizure is the taking or interference with custody or movement of a person or property. You can have a search without a seizure, and a seizure without a search. Either is unlawful if the search or seizure is not supported by the probable cause to believe that a crime has occurred, is about to occur, or is occurring, and the search or seizure will result in evidence of that crime. Probable cause is a reasonable belief, based on facts available to the person doing the searching and seizing, that criminal activity is taking place. With some exceptions, an officer can't conduct a search just because he wants to, or on pure speculation. There has to be some reasonable basis for the search.
How can a search warrant on a residence be thrown out?
There has to be reasonable cause that the search warrant is not valid. For the most part once a Judge approves the search warrant there is nothing that can be done. Your home will be searched either way.
What is needed to acquire a house search warrant?
A search cannot be conducted without a warrant, which cannot be obtained without evidence of reasonable suspicion. This reasonable suspicion is often referred to as probable cause.
