0
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
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoWhere may "search and seizure" take place without a warrant?
Add your answer:
Earn +20 pts
How many times can a search warrant be used?
as many as can be given reason too
Warrants are required for all searches?
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.
Do the time the search warrant is obtain have to be on the warrant?
No. It's not the police's job to show you the warrant as long as they have a valid one. By the time they leave your house you will have one posted on your door or given to you personally. As long as its it's a valid warrant i.e. at the department just authorized its ok. Your entitled to a copy of it which you will get during the search if it is not already present at the time of the search. When the enter your house at that specific time if any officer has a warrant its valid. If they enter your house in the process of getting a warrant under the assumption that they will receive one its invalid. Actually having the warrant at the scene during the time of entry is not required.
What is the importance of the fourth?
The 4th Amendment ensures that the privacy of U.S. citizens is protected, except in the case that a warrant is given by an authority for a reasonable purpose. (In example, a warrant may be given to search a home if an authority has reason to believe that the owner or resident has committed a crime.)
Do the officer need to show the warrant?
No, if law enforcement officers reasonably believe that a valid warrant has been issued, the officers may begin the search. The warrant does not have to be with them, and the warrant does not have to be given to the owner.
Is a search warrant valid if it is not complete ie. missing pages?
Question is unclear. What about the warrant is incomplete, and how would they know it? If the affidavit in support of the warrant application is incomplete the warrant should never have been issued. However, if the judge's signature appears on the warrant it can be considered legal. If you are referring to the copy that the resident was given by the searching officers/agents - it is not necessary that the entire document be given to the resident - only enough to show that the correct address/location was being served. In fact it is not even a settled matter of law that the resident must be given or shown, a copy of the warrant. Many agencies do so, however, as information to the resident or as a 'public relations' matter. If the validity of the warrant is in question, it can be raised in court as a defense against unlawful search and seizure. If upheld, any evidence seized at the time of the warrant service will be excluded from trial as "fruit of the poisoned tree."
Is there such thing as a no knock search warrant?
Yes, but it must so state, and it's given only under special, exigent circumstances, such as for a drug house.
Why is the 4th amendment important?
The 4th Amendment ensures that the privacy of U.S. citizens is protected, except in the case that a warrant is given by an authority for a reasonable purpose. (In example, a warrant may be given to search a home if an authority has reason to believe that the owner or resident has committed a crime.)
What is the distinction between power AND authority?
Power is usually related to rank such as the Prime Minister would have more power over say a normal citizen in matters such as running the country but authority is not related to rank and authority may be given such as the police force may have authority to search your house as they have been given a search warrant.
Does a police officer need a warrant to go through your car?
Police may not need a warrant to search a vehicle according to the mobile conveyance doctrine. A vehicle must be in a public place, readily mobile, and the Officer must have probable cause to believe contraband or evidence of a crime is contained with in the vehicle. If all of the above is met, the Officer will not need a warrant to search the vehicle.
How does police get search warrant?
In order to obtain a search warrant there has to be enough "probable cause" that a crime has been comitted or that there is information or evidence involved. This warrant is issued by a judge.
If a warrant was issued for drug sales for your house only and police search your car and find drugs can that evidence be used against me even though the car was not included in the warrant?
If the search of your car was conducted without a warrant or any other legal justification, the evidence found in the car may potentially be considered illegally obtained and could be challenged in court. However, if there was a valid legal basis for the search of your car, such as probable cause or another exception to the warrant requirement, the evidence could be admissible in court, even if the car was not included in the original warrant.
