From Arrest to Adjudication
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
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
References: Bodenharner, D., (2009.) Exceptions to Search Warrant Rules Answers.com. Retrieved on January 25, 2013 from http://www.answers.com/topic/exceptions-to-search-warrant-rules Court of Appeals of Iowa, (2001). Andrew Dean Skola, Defendant-Appellant Iowa Judicial Branch. Retrieved on January 26, 2013 from http://www.judicial.state.ia.us/court_of_appeals/recent_opinions/20010523/00-1183.asp?Printable=true Grosso, A., (2009). Search Warrant Applications from the ‘Lectric Law Library’s stacks. Retrieved January 23, 2013 from http://www.lectlaw.com/files/cri12.htm Law Info, (2008). When is a Search Warrant Necessary Quality Legal Services You Can Count On. Retrieved on January 26, 2013 from http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/when-is-a-search-warrant-necessary.html Lectlaw.com, (2013). Probable Cause retrieved on January 26, 2013 from http://www.lectlaw.com/def2/p089.htm Schmalleger,F.(2007). Criminal Justice Today An Introductory Text for the 21st Century (9th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. The Missouri Bar, (2006). Search and Seizure Civics Library of the Missouri Bar. Retrieved on January 24, 2013 from http://members.mobar.org/civics/Searches.htm