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What was the court's test in Illinois v gates to obtain a search warrant?
Wiki User
∙ 13y ago
Illinois v. Gates deals with subsequent appellate review of probable cause, and is not a "test" dealing with application for a search warrant.
In reviewing PC, the court abandoned the two-pronged Aguilar-Spinelli test and instituted a "totality of the circumstances" standard instead.
The standard essentially lowers the burden on the State. Aguilar Spinelli made it nearly impossible to find PC on the basis of a confidential tip alone, so this test replaced it.
Wiki User
∙ 13y ago
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Police may obtain a search warrant if they can prove they have?
probable cause
Is it legal to obtain a search warrant of a friends house he does not live at for drugs?
First, you cannot obtain a search warrant. Police and prosecutors can, but only if they have enough evidence that there has been a crime, and that searching might solve it. Search warrants must be issued by judges.
What did the Foreign Intelligence Surveillance Act not require the government to do?
Obtain a warrant to search for terrorists
What five basic things that must be in a search warrant today?
The the place or person being searched. What item(s) is to be seized. A copy of the affidavit use to obtain the search warrant. The name of the person swearing to the affidavit. The time at which the search warrant may be executed.
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
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 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
What happens if a search warrant is is lost by the police after the search?
It's generally required that a person with whom is being searched or having their property searched under the terms of a search warrant be served with a copy upon the beginning or completion of a search. If the warrant was lost you could request a copy from the clerk of courts. You may be able to also have the evidence suppressed because you were not properly served with a copy of the warrant upon the beginning or ending of a search.
If the police obtain a search warrant to seach a home and they do not find anything pertaining to the warrant when they search the home can they still seize items.?
Absolutely not. They can only confiscate the types of items outlined in the search warrant, as long as nothing else criminally possessed was found while searching the house.
How can you find out if the judge that signed a warrant to search your house has signed this warrant within his jurisdiction?
Call the Clerk of Courts office and ask if that particular judge is assigned to your judicial district.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can police issue a new search warrant while exacuting a search warrant?
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.
