Professor Debra Shiftlett-Picardi
Foundations of the Criminal Justice System
Search Warrant Issue Process and Fourth Amendment Requirements The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such as black marketing, narcotics and smuggling. A proper check between the judicial along with the legislative government branches exist in the form of the Constitution belonging to the US. The US constitution fourth amendment safeguards people from irrational searches and from their valuables being taken away through legal process. Under this amendment a search warrant is issued only once it’s determined with surety that a crime is committed by a particular individual. The fourth amendment makes it essential to prohibit evidence in the form of trial being taken from illegal searches being made without verifying an authentic warrant (The Fourth Amendment Warrant Requirement, 2008).
Searches without Warrants 1. Lawful Arrest Search Incident The lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully arrested, then the police have every right to search the person’s surrounding which is reach of the police. For instance John has been driving while being intoxicated and gets caught up for breaking the signal. A search conducted by the police finds illegal handgun being present in the car’s trunk and an 8 bags of heroin being present in the compartment. The compartment is considered to be in the reach
References: Criminal Justice (2008). Retrieved Oct 26, 2012 from https://mycampus.aiu-online.com/classroom/multimediacoursetext.aspx?classid=15301&t. Korn, L.M. (2008). Search and Seizure. Retrieved Oct 26, 2012 from http://www.lkorncriminaldefense.com/SearchSeizure.htm. Neubauer, D.W. (2004). America 's Courts and the Criminal Justice System. Thomson Wadsworth Criminal courts/ United States. Probable Cause (2008). Retrieved Oct 26, 2012 from http://faculty.ncwc.edu/toconnor/315/315lect06.htm. The Fourth Amendment Warrant Requirement, (2008). Retrieved Oct 26, 2012 from http://criminal.findlaw.com/crimes/criminal_rights/your-rights-search-and-seizure/fourth-amendment-warrant-requirement.html.