Topics: Fourth Amendment to the United States Constitution, United States Constitution, Searches and seizures Pages: 3 (1268 words) Published: May 13, 2013
The 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. (1) These words of the Fourth Amendment give the people protection against unnecessary harassment by local, state and federal law enforcements. Authorities have to go through a process to acquire a warrant to search homes, papers, effects and persons with probable cause. However, there is a rationale for a warrantless search. This poses the questions: What is the rationale for allowing warrantless searches, are those reasons persuasive and do all such searches require that probable cause exist or are there exceptions? The definition of a warrant is a writ permitting or directing someone to take some action. Often, the term refers to a writ from a judge; permitting law enforcement personnel to take some action, such as: make an arrest, search a location, or seize some piece of property.(1) There are many different types of warrants. Some include: a search warrant, an arrest warrant, an anticipatory warrant, and a no-knock warrant. A Search Warrant is an order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. Judges won't issue a warrant unless they have been convinced by the police that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations, the police may search without a warrant, but they cannot use what they find at trial if the defense can show that they had no probable cause for the search. An Arrest Warrant is a document issued by...
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