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Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
Appeal a warrant?
A warrant is issued by a judge who is satisfied that good (probable) cause exists. Generally the only way to end a warrant is to appear.
What are the procedures for officer to get an arrest warrant?
Generally an officer must show just or probable cause to a magistrate or judge who will issue and sign a warrant.
Before a judge will issue the police a warrant authorizing a search the police must establish what?
Probable cause
What do you need to obtain a warrant?
To obtain a warrant, law enforcement officials need to present probable cause to a judge or magistrate, who will then issue the warrant authorizing the search or arrest.
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.
How does someone get a warrant?
You need a judge to issue one. You need to provide a judge with the information you are basing they need for a warrant (probable cause) and if the judge is satisfied with the information, he/she will issue the warrant.
What information is on a warrant?
It can depend on the type of warrant. Generally, if the the questions: who - what - where, are answered - accompanied by a short description of the probable cause presented to the judge/magistrate who approved it, that is all that is ncessary.
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.
What does a warrant have to have on it?
A warrant must typically include the name of the individual to be arrested, the specific charges or reasons for the warrant, and the signature of a judge or magistrate. It should also include details such as the date of issuance and, in some cases, a description of the property to be searched if it’s a search warrant. Additionally, a warrant must be based on probable cause, supported by an affidavit or sworn statement.
Why should anyone have the right to search your home?
(in the US) Only government agents properly authorized by a judicially issued warrant have the legal authortiy to search a residence. In order to obtain such a warrant they must prepare an affidavit to present to a judge, setting forth the specific probable cause supporting the request. If the judge does not find sufficient probable cause to issue the warrant the affidavit will be denied.
