Search Warrants Melissa Eggleston American Inter Continental University Abstract This paper will discuss many factors of search warrants, it will discuss the process by which a search warrant can be sought and issued, emphasizing the Fourth Amendment requirements. This paper will also explain probable cause and the standard by which the cause is met. Also, it will describe and discuss at least 2 types of searches that do not require a warrant. Also being discussed is the rationale for allowing warrant less searches, if the reasons are persuasive and if all searches require the probable cause exist or the exceptions. Search Warrants Search warrants are issued around the world when there is a probable cause and it requires one. …show more content…
According to the Supreme Court “if there is probable cause to search for the specific items sought, the search may be conducted without a warrant, even though the vehicle has been placed in a secure environment, and if there is probable cause to search for the specific items sought, the whole vehicle, including containers within the vehicle, may be searched without a warrant, just as if there had been a warrant issued by a magistrate upon that same probable cause” (crime & punishment, 1999). The rationale for allowing warrant less searches The rationale of warrant less searches incident to arrests is the two fold need to uncover evidence of a crime, prevent its destruction, and to preclude the possibility that the arrestee might reach for a weapon in which he could not only injury himself but the arresting officer in order to make an escape (Law Enforcement, 2012). The search and seizures are made under the reasonable cause. For example, If an officer was to pull over a vehicle because of the license plates or no seat belt and as he walks toward the vehicle, he finds the smell of alcohol or sees cans of beer or even smells marijuana from the car. Once this happens, the officer will have probable cause to search the vehicle without a warrant (Schmalleger, 2012). In the case of a plain view doctrine, officers have the right to search a motor vehicle (Schmalleger, 2012). If an officer was to walk into a hospital for medical assistance
Police officers use search and seizure as a tool to ensure their safety, gather evidence, and arrest suspects. In police training, a search is defined as an examination of a hidden place, i.e. a person or their property, whose purpose is to find contraband (DOCJT, 2014, p. 10). A seizure is defined as the capture or arrest of a person or the confiscation of property (DOCJT, 2014, p. 10). Depending on the individual situation, a warrant may or may not be required to conduct searches and seizures. The exclusionary rule, which states that illegally seized evidence is inadmissible in court, has guided the definition of search and seizure, specifically as it pertains
The simplest and most common type of warrantless searches are searches based upon consent. [1] No warrant or probable cause is required to perform a search if a person with the proper authority consents to a search. [2] A consent search requires the person being searched to freely and voluntarily waive their Fourth Amendment rights, granting the officer permission to perform the
If the police officer precedes to search the resident’s house without obtaining a search warrant the evidence obtained can be deemed illegal under the Fruit of the Poisonous Tree Doctrine. “Under this rule, Fruit of the Poisonous Tree Doctrine, evidence that has been seized illegally is considered “tainted” and cannot be used against a suspect.” [6] The Exclusionary Rule could also be used as cited in the Mapp v. Ohio case. Anything obtained illegally could be deemed tainted or inadmissible in court. It is imperative that the police officers follow all procedures faithfully and as per the tenets that the courts have set up. Any mistakes can, and regularly do, permit a liable party to go free on a technicality.
The legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s vehicle. If officer feels that adequate suspicion exist, they have every right to conduct limited suspect search. Vehicles can be searched by the officials without a warrant, if they have the probable cause with them as per the fourth amendment.
When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.
The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always
Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.
The Fourth Amendment provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.
Section 35-33-5-1 of the Indiana code tittle 35 provides that a court may issue a search warrant for property that constitutes evidence, property that is illegally owned or property intended for criminal purposes. It provides that a court may issue a warrant only upon probable cause and supported by an affirmation or an oath to search any place that property can be hidden. Probable cause is important because there are instances when the search or seizure is reasonable and the police will not require a warrant (Henderson, 2005).
Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.
Mr. Smith’s phone records are protected under the Fourth Amendment of the United States Constitution. This Court has held that, the text of the Fourth Amendment does not explicitly state when a search warrant must be obtained. Birchfield v. North Dakota, 136 S.Ct. 2160, 2173 (2016). It has been conceded though, that a warrant must typically be secured prior to conducting a search. Id. The Nodlin Police must have been aware of this requirement as they took the proper steps in acquiring a search warrant to access the data contained in the Memory Hole app. The police waited until after the search warrant expired before contacting AO for their records. R-4. The fact that AO complied with the expired warrant does not permit the police from obtaining these records without a warrant.
Is the warrantless search and seizure of Elliot Watson, who was arrested for possession of Marijuana with the intent to distribute, after being detained by Officer Johnson who was on the lookout for a vehicle and kidnapper with the same vehicle and clothing description as Mr. Watsons’ sports coupe car and 5 foot 9 inches tall, brown hair, and brown eyes wearing a white tee-shirt and blue jeans, legal?
Law enforcements officers are allowed to seize evidence or contraband without a warrant under the plain view doctrine. The contraband that is found under the plain view doctrine must be found under a legal and lawful observation. The plain view doctrine is most commonly in the airports by TSA Federal Government Officers because they are constantly screening individuals and their bags before the board the aircraft. This is an exception to the warrant requirement which means once a law enforcement officer observes or immediately recognizes an item as evidence or contraband then because the officer discovered the item in plain view then they are lawfully protected by the Fourth Amendment.
When searching a vehicle the police have the right to use force against the owner of the vehicle if they have reasonable grounds to think that there could dangerous weapons such as knifes or guns stored in the vehicle, or if they believe that the driver could be on drugs or is drink driving. The police must ask you if they can search your vehicle and you can say no but it makes it more suspicious to them because you could be trying to hide something. If they think that you are drink driving they can ask you to take a breathalyser test and if found that you have been drink driving they can arrest you and seize you