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Answered 2014-06-27 21:58:37

There is a process police offers must go through to obtain a search warrant. Basically, the officers must have probable cause to believe that a person's house or car has important evidence inside. They will then go before a judge, present their evidence, and the judge will decide whether or not to issue the warrant.

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What has to happen before police can get a warrant to search your house for drugs. <><><> The police will make a sworn statement to a judge or magistrate, explaining the information that has given them cause to believe that a crime is being committed in that place. The information must be "probable cause"- information that would convince a reasonable man that it is true. If the magistrate agrees that the police DO have probable cause, he will issue a warrant that specifies the place to be searched, and the things to be searched for.

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In certain circumstances, a search warrant is not necessary. For instance, if your vehicle is being towed by the police, most states allow officers to conduct an inventory search of the vehicle. Also, what you call a "search" may be a "pat frisk" which has a very specific meaning in law. This allows officers to conduct a limited search of the area within the occupants control. This search is limited to weapons and is only allowed provided the officer has reasonable suspicion to believe a weapon may be found. There are some other situations that allow searches such as when evidence is in "plain view" of the officer.

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