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What must be proven before the police may obtain a search warrant?
Wiki User
∙ 15y ago
A search warrant is an order in writing, in the name of the
people, signed by a magistrate, directed to a peace officer,
commanding him or her to search for a person or persons, a thing or
things, or personal property, and, in the case of a thing or things
or personal property, bring the same before the magistrate.
A search warrant cannot be issued but upon probable cause,
supported by affidavit, naming or describing the person to be
searched or searched for, and particularly describing the property,
thing, or things and the place to be searched.
The affidavit or affidavits must set forth the facts tending
to establish the grounds of the application, or probable cause for
believing that they exist.
The most well-known definition of probable cause is "a reasonable belief
that a person has committed a crime". Another common definition is "a
reasonable amount of suspicion, supported by circumstances sufficiently
strong to justify a prudent and cautious person's belief that certain
facts are probably true".
So, if a peace officer believes that you committed a crime, items of the crime
are in your house and the peace officer can write this within an affidavit,
present it to a judge, then your house is going to be searched. All the peace
officer has to show is a reasonable belief that you committed a crime which
doesn't take very much. All the peace officer has to write in the affidavit
is information that he gained from a lawful investigation is a reasonable
amount of suspicion, supported by circumstances sufficiently strong to justify
a prudent and cautious person's belief that certain facts are probably true.
Then the SWAT team comes a knocking!!!! Police Department Search Warrant!!
Wiki User
∙ 15y ago
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Very much. A warrant is issued before a conviction, and our criminal justice system is based on the idea that we are innocent until proven guilty so a warrant is no indication of guilt. It is also very possible that a warrant can be served on the wrong person. A warrant has all the identifying information available to the court, but it is possible that the information is nothing more than a name and a date of birth.
I know someone that has a warrant and want to turn her into the police what do i do?
The easiest thing to do is to call the law enforcement agency with jurisdiction in your location and let them know that you have information concerning the whereabouts of an individual with an outstanding warrant. They will ascertain information concerning their location, last time they were seen there, possible vehicle information, etc. Also, depending on what the warrant is for, you might just inform the wanted person that they have a warrant and see if they will take the proper steps to either turn himself in or clear up the warrant. If the warrant is a simple one for traffic offenses, it is highly likely that they will be able to pay the fine and then the warrant will be destroyed. On the other hand, if the warrant is for something more serious then you need to consider your options because if it is proven that you have knowledge of where the wanted person is, yet you do nothing about it....then the police could potentially come after you for aiding a fugitive...etc..etc...etc.
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If it can be proven then yes.
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