The Fourth Amendment of
the United States
Constitution guarantees
the right to be secure
against unreasonable
searches and seizures.
It provides that
warrants for an arrest
or for a search shall be
based on probable cause,
shall be supported by an
oath or an affirmation,
and shall describe with
particularity the placed
to be searched or the
person or thing to be
seized.
A search warrant is a
written document that is
signed by a magistrate
or a judicial officer.
The search warrant
allows the police to
conduct a search and
describes the property
that may be seized. The
search warrant must be
based upon probable
cause. Probable cause
means that an offense
has been committed and
that there is evidence
in the place to be
searched with regard to
the offense.
A general search
under a search warrant
is not allowed. The
search warrant must
specifically describe
where the search is to
take place, whom is to
be searched, and what
type of property is to
be searched or seized.
The description of the
location of the search
must be sufficiently
definite so that a wrong
location will not be
searched. However, an
error with regard to an
address does not
necessarily make the
search warrant invalid.
The search warrant must
be signed by the
magistrate or the
judicial officer in
order to be valid.
In order to obtain a
search warrant, a police
officer or another peace
officer appears before a
magistrate or a judicial
officer and signs a
document that is made
under oath and that sets
forth the reasons for
the search. The police
officer or the other
peace officer usually
writes the search
warrant and only
presents the search
warrant for the
signature of the
magistrate or the other
judicial officer. It is
the magistrate's duty to
see that the search
warrant satisfies the
appropriate requirements
and that it is based on
probable cause.
A search warrant may
be used to search for
and seize property that
is stolen, property that
is used in the
commission of a crime,
weapons, drugs, gambling
materials, and other
contraband. The search
warrant may also be used
to search people, to
take photographs of
people, and to obtain
medical evidence from
people such as blood and
urine samples.
A search warrant may
be issued along with an
arrest warrant. If it is
combined with the arrest
warrant, the magistrate
or the other judicial
officer must determine
whether there is
probable cause for both
the search warrant and
the arrest warrant. The
arrest warrant can be
determined to be invalid
while the search warrant
can be determined to be
valid. The search
warrant can be
determined to be invalid
while the arrest warrant
can be determined to be
valid.
Evidence that is
obtained under an
invalid search warrant
is subject to being
excluded as evidence at
trial under the
"exclusionary rule."
This rule provides that
illegally obtained
evidence cannot be used
at trial. Evidence that
is obtained under an
invalid search warrant
may be challenged by an
accused in a motion to
suppress evidence.
Whether the search
warrant is valid and
whether the evidence may
be used against the
accused is determined in
a suppression hearing
before a judge.
Copyright
2007 LexisNexis, a
division of Reed
Elsevier Inc. |