From Arrest to Adjudication

Topics: Fourth Amendment to the United States Constitution, Police, Crime Pages: 5 (1853 words) Published: February 4, 2013
Many training take places yearly to provide discussions to the importance of searches that are mandated under federal laws and in dealing with the legal ramification that are in support of the searches. There are plain understandings to the process in which warrants are sought after and issued that are required within the Fourth Amendment. Probable cause is well defined to what standards are set and met.

Not all search warrants are equal but they must be very specific in their origin and at the same time they are very intrusive. If you suspect fraud with a business and you want to obtain the corporation business records it would not be easy to obtain a search warrant but if the search is for trying to uncover or locate drugs or even a weapon it would be rather easy to obtain the search warrant. When you are trying to obtain a search warrant; the Fourth Amendment has to be taken very seriously, because the individuals rights must be respected, there should be no papers looked through or seized during unreasonable searches, their effect must not be tampered with, and nor should they be violated under no circumstances. A warrant that is being issued or obtain should be detailed and specific of its origin, affirmation or Oath shall support the warrant, and if there’s no probable cause no warrant shall be issued (United States Senate, 1996).

Before a search warrant will be issued or sought after, the investigator must be able to demonstrate two things: they must show that a crime took place and that a probable cause does exist and they must be able to entail that there’s physical evidence can be found at a specific location that is indicated in the warrant that constitute probable cause. As long as these two requirements are met there will no reason that a judge would not sign off on the warrant. The judge will review the warrant and make his/her sound judgment to whether or not a warrant will be issued and under these circumstance will a judge approve of a warrant for the law enforcement and if the law enforcement isn’t specific to where items and the location that they intend to search aren’t specified in the warrant will the judge approve of it (Grosso, A., 2009).

When the judge signs off on the search warrant; it will indicate a specified time that the search will take place and the specifics of what should be searched for in a specified place. Normally, in order for the law enforcement to seize contraband that are suspected of being involved in criminal acts to be used as evidence the search warrant will deem permission to search private property and the individuals. It is unlawful to seize and search private citizens due to their protections of their rights under the constitution within the concepts of the Fourth Amendment. Under the legal interpretations of the Fourth Amendment, there are constant changes where the law governs the requirements of the search warrants. The laws behind a search warrant indicates how the procedures of the search warrant must be conducted and what is and not required when property or a person is being searched.

When a private property or person privacy is intruded upon, then a search warrant is deeming necessary. When the privacy is accepted socially or expected then the consideration of a person or place is understood to be that as private. If any information that is gained or employed by means of high-tech searches or artificial means then a search warrant is applicable. When the judge approve of a search warrant it will give the specifics of a particular time the search take place, specific items to look for and obtain for evidence, and the specific place the search should be conducted but there are instance where the law enforcement can extend the search outside the terms of the search warrant when they have to prevent the individual from destroying evidence, evidence or contraband are within plain view, or to discover additional evidence about evidence that is obtain...
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