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What happens when an officer lies on an affadativ to obtain a search warrant?
Wiki User
∙ 14y ago
In addition to the internal administrative charges being placed against him by his employing agency, he can also be criminally charged with Contempt of Court, Lying under oath, Obstruction of Justice, etc. One thing is pretty certain, even if he doesn't go to jail he will most certainly lose his job.
Wiki User
∙ 14y ago
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What is required to obtain an arrest warrant?
The officer applying for the warrant must set forth in the application that sufficient 'probable cause' exists that the person named in the warrant was the one that committed the offense. The judge reviewing the warrant application must agree that the 'probable cause' is legally sufficient to support the arrest. When he signs the application it becomes the warrant and is then returned to the officer (or agency) for service.
How do you write an affidavit to obtain search warrants for urban premises rural premises multiple unit dwelling and a motor vehicle?
Unless you're an law enforcement officer, you can't obtain a standard Search Warrant (if you are, your Sergeant can help with this). You have the chance to obtain an Ex Partite warrant, but it's unlikley without at least the tacit cooperation of law enforcement. An affadavit won't help as you can't execute due process without being an officer of the law or a duly deputized agent.
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.
Can the law obtain a warrant on a crimestoppers tip?
Yes if they have enough tips to make the warrant.
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.
What 3 things must be given to provide for a search warrant?
To obtain a search warrant an officer must go before a judge and explain the reason for the search. The warrant will list the reason or reasons why they are searching, what they are looking for, and why. please refer to this link for more information, http://en.wikipedia.org/wiki/Search_warrant
How do the authorities obtain a governors warrant?
A Governor's Warrant is what is commonly known as a WARRANT OF EXTRADITION. It is used to return fugitives to the requesting state from the state in which they were apprehended.
Can a police officer search your cellphone?
With the proper warrant or probable cause, a cell phone could certainly be searched. More commonly the police would obtain necessary records from the cellular service provider.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists. Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person. Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
Police may obtain a search warrant if they can prove they have?
probable cause
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.
