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Search Warrants

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Search Warrants
Search Warrants
Melissa Eggleston
American Inter Continental University

Abstract
This paper will discuss many factors of search warrants, it will discuss the process by which a search warrant can be sought and issued, emphasizing the Fourth Amendment requirements. This paper will also explain probable cause and the standard by which the cause is met. Also, it will describe and discuss at least 2 types of searches that do not require a warrant. Also being discussed is the rationale for allowing warrant less searches, if the reasons are persuasive and if all searches require the probable cause exist or the exceptions.

Search Warrants
Search warrants are issued around the world when there is a probable cause and it requires one. If an officer was just to walk into your home and search it without permission or a search warrant, not only would they get in trouble but anything that they might find could be thrown out in court and will not count against you. Sometimes there are even searches that will not require a search warrant which means anything that they do find can get you into trouble and can be used against you in court.
Search Warrant and Fourth Amendment
According to the Fourth Amendment, in order for the law enforcement or anyone along those lines, a person must be secure in their homes and in their persons against unreasonable searches and seizures (Schmalleger, 2012). The Fourth Amendment states “ 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” (Schmalleger, 2012). The Fourth amendment became effective December 15, 1791 by Congress. A search warrant authorizes police officials to search a particular place of evidence (LII, 2010). An officer may not search a


References: Crime & Punishment. (1999). Warrant less Motor Vehicle Searches: No Exigent Circumstances Required. Retrieved on June 24, 2012. From: http://www.enforcergraphics.com/sep99a.htm Korn, L.M. (2008). Search and Seizure. Retrieved on June 24, 2012 from: http://www.lkorncriminaldefense.com/view.php?i=2 LaMance, K. (1999-2012) Searches made without Warrant. Retrieved on June 24,2012 from: http://www.legalmatch.com/law-library/article/searches-made-without-a-warrant.html Law Enforcement (2012) Searches of Vehicles retrieved on June 24, 2012 from: http://www.legalupdateonline.com/4th/755#cont757 LLI, (2010). Search Warrant. Retrieved on June 24, 2012 from: http://www.law.cornell.edu/wex/search_warrant Probable Cause (2007) What is probable cause? Retrieved on June 24, 2012 from: http://www.probablecause.org/whatisprobablecause.html Schmalleger, F. (2012). Criminal Justice: A Brief Introduction, (9th Ed.). (Online Version) Retrieved from AIU Online CRJS101-1203A-17: Foundations of Criminal Justice Systems.
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