mainly particularity, listing the place, the items sought, and the investigation and/or corroboration of said investigation. I find it odd that most folks are not aware of the doctrines of "independent source" and "inevitable discovery." These doctrines are two of the ways crooked law enforcement is enacted. The biggest loophole of all: the fact that there is no MANDATE that an affidavit be filed at any particular time, at least not in my state. I have searched diligently, and the issue seems to be conspicuously skirted. Think about it, a late affidavit is another form of the 2 doctrines I listed above. It is scary. And citizens wonder how people wind up in prison wrongfully!
mainly particularity, listing the place, the items sought, and the investigation and/or corroboration of said investigation. I find it odd that most folks are not aware of the doctrines of "independent source" and "inevitable discovery." These doctrines are two of the ways crooked law enforcement is enacted. The biggest loophole of all: the fact that there is no MANDATE that an affidavit be filed at any particular time, at least not in my state. I have searched diligently, and the issue seems to be conspicuously skirted. Think about it, a late affidavit is another form of the 2 doctrines I listed above. It is scary. And citizens wonder how people wind up in prison wrongfully!
Evidence or belief that a drug for example is inside the house, or no warrant is needed by police in some cases if the police belief that a person is hiding in the home.
Added; All that is needed is "Probable Cause to Believe" that items/person/etc is within a certain location - as spelled out in the affidavit which is presented to a judge for signature.
You need a judge to sign the paper the cause for you doing this and why you are doing this
Address, or physical description of the premises to be searched. Description or name of item(s) that is being searched for. Date of issuance, Signature of the issuing judge.
probable cause, suspision, skin color possibly
A warrant may be necessary for the police to search the server that Facebook is running on. It is also possible that FB may choose to allow the search without a warrant. If the 'search' is simply examining publicly available information on any web page, no. A warrant would not be necessary.
Actually the police don't necessarily have to show the warrant to anybody. In fact, to execute a search warrant it isn't even necessary for a resident or occupant of the premises to be present.
As long as the address, or description, of the property/premises named in the search warrant is legally "sufficient" a name is not necessary.
Because the authorities strongly suspect that the 'something' or 'someone' they are looking for is more likely to be there after dark.
The question is framed INCORRECTLY. It is only necessary to ask for consent to search if the officers do NOT have a search warrant. In that instance, asking such permission would constitute a legal search and any illegal items they might find would be legally admissible in court. When they are armed WITH a search warrant, unless the officers simply feel like being polite (which we hope they always are) it is NOT required or necessary to ask permission of anyone to conduct the search.
A search warrant is necessary when a person doesn't not willingly let the police search their property. In which case, the police must present a valid reason to the court for it to allow a search. No search warrant is necessary if the arrestee or suspect gives permission for his property to be searched.
A Search Warrant
Unless permission is given for a search then a warrant is required unless exigent circumstances exist (life or death), in which case a warrant is not necessary.
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
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Question makes no sense. A search warrant is a search warrant regardless of WHERE the premises is physically located.
The answer depends on the factors that exist at the place and time. If the officers are able to articulate why a warrant-less search was necessary, then the evidence would be allowed. If they cannot, it will not.