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What is required for law enforcement officers to obtain a search warrant?
Wiki User
∙ 12y ago
Probable cause that the objects or contraband they are searching for will be found on the premises - submit a signed and sworn affidavit to a magistrate or judge and - the judges signature on the warrant.
Wiki User
∙ 12y ago
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Are officers usually required to submit an affidavit to a magistrate or prosecutor in order to obtain an arrest warrant?
Yes
What is the importance of a warrant in employing surveillance?
It is only important to have a warrant when surveillance can violate a persons right to privacy. Law enforcement has to show probable cause to obtain a warrant to enter a person residence to plant eavesdropping devices.
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.
How much time does it take to obtain a warrant to wiretap a cell phone?
About the same time it takes to get a warrant for a 'tap' on any communication - very little. What is required is for law enforcement to submit an affidavit to the court setting forth 'probable cause' why a particular phone should be monitored for criminal activity, and the for the judge to sign it.
May an officer arrest anywhere in the country?
Generally no. Usually police officers have specific jurisdictions where they make arrests. Some states give police, or peace officers jurisdiction to arrest in the entire state. Only Federal law enforcement officers can arrest in any state, but only for Federal law violations. When a Boston police officer needs a person arrested in Atlanta, for example, they obtain a warrant for the suspect's arrest, place the warrant on NCIC (National Crime Information Computer) and tell Atlanta to pick the suspect up on the warrant. Once the suspect has been arrested in Atlanta, the Boston Police must forward complete copies of the warrant and the affidavit used to obtain the warrant to Atlanta. The suspect may then fight extradition to Massachusetts to avoid the Massachusetts Courts. Suspects rarely win extradition fights.
What is the automobile exception to the search warrant requirement?
Under the doctrine established by Carroll v. United States 267 U.S. 132 (1925), a law enforcement officers with sufficient probable cause to obtain a warrant to search a motor vehicle may search as if he had the warrant. The exception is granted because of the mobile nature of motor vehicles and the likelihood that the vehicle would not be available by the time the warrant was obtained. There are numerous modifications and refinements of the Carroll Doctrine, as the decision was handed down 86 years ago.
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.
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
Probable cause in a sentence?
Probable cause is a standard of proof required for a law enforcement officer to obtain a search warrant or make an arrest, based on facts and circumstances that would lead a reasonable person to believe that a crime has been committed.
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.
Can the law obtain a warrant on a crimestoppers tip?
Yes if they have enough tips to make the warrant.
Where can I search for an automobile license number?
It is impossible to obtain such information, especially with the HIPPA laws or privacy laws. The only way to find such a number would be through your local or state law enforcement officers .
