The rule to search and seize someone or/and their home comes from the law, authorized by the government of the particular country. Usually, this type of power is given to the police officers to do a completed checking of the criminals to get them into books as required by the law guidelines. The law enforcement officers give the right to conduct an investigation, make arrests, and perform search and seizures of the person and their belongings. Given this power to the person has to be exercised very carefully as this may backfire in the investigation if one or the other policeman misbehaves with the criminals investigation. However, search and seize is generally carried by a group of person who ensures that based on the law enforcement rules,
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For example, Police does not have to waste time for the accused to out, they have the right to come into a house to make an arrest or look for specific documents that may need in the forthcoming trial. However, Miranda rights should be read to the accused during the arresting process and before questioning. An example of the rights prior arrest warrants. The police have to say "we have a warrant for your arrest because we believe you are selling drugs", and a search warrant would be more "we have the warrant to search your house because we think that you are selling drugs and we have the right to obtain evidence".
The differences between search warrants and arrest warrants are:
i) Arrest warrants can be made after a person was already arrested while search warrants usually issued before any arrests being made. ii) Arrest warrants may be made after an indictment while search warrants are generally made before any charges are particularly brought or before a suspect is arrested. iii) Arrest warrants are having force for a long term and search warrants last for a short period of …show more content…
The police officer have to make an affidavit, before going to a judge to get a warrant, which gives a detailed description of the place to be searched, and the persons or things to be seized. Next, the officer swears under oath that the information in the affidavit is truthful. Then, the officer tries to convince a judge that the information amounts to probable cause to believe that contraband or evidence is in a specific place.
When a police officer is ordered to do a search, the first question to ask should be “Was it reasonable?” Because according to The Fourth Amendment regulation; “any seizure or search undertaken without a valid search warrant is illegal, and also requires the government to show Probable cause”. Probable cause consists of facts that would lead a reasonable police officer to believe that the places or persons to be searched will yield the contraband, fruits of a crime, persons, weapons, or other items named in the
For example, Police does not have to waste time for the accused to out, they have the right to come into a house to make an arrest or look for specific documents that may need in the forthcoming trial. However, Miranda rights should be read to the accused during the arresting process and before questioning. An example of the rights prior arrest warrants. The police have to say "we have a warrant for your arrest because we believe you are selling drugs", and a search warrant would be more "we have the warrant to search your house because we think that you are selling drugs and we have the right to obtain evidence".
The differences between search warrants and arrest warrants are:
i) Arrest warrants can be made after a person was already arrested while search warrants usually issued before any arrests being made. ii) Arrest warrants may be made after an indictment while search warrants are generally made before any charges are particularly brought or before a suspect is arrested. iii) Arrest warrants are having force for a long term and search warrants last for a short period of …show more content…
The police officer have to make an affidavit, before going to a judge to get a warrant, which gives a detailed description of the place to be searched, and the persons or things to be seized. Next, the officer swears under oath that the information in the affidavit is truthful. Then, the officer tries to convince a judge that the information amounts to probable cause to believe that contraband or evidence is in a specific place.
When a police officer is ordered to do a search, the first question to ask should be “Was it reasonable?” Because according to The Fourth Amendment regulation; “any seizure or search undertaken without a valid search warrant is illegal, and also requires the government to show Probable cause”. Probable cause consists of facts that would lead a reasonable police officer to believe that the places or persons to be searched will yield the contraband, fruits of a crime, persons, weapons, or other items named in the