Advantages And Disadvantages Of Search Warrant

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Arrest warrants are issued to allow the police to identify and locate a person, or persons. These persons are usually those who have been previous arrest, released on bail, but then fail to show up to court after their release, in contrast a search warrant allows the police to enter into a promise, in search of evidence or contraband that may be used in an upcoming trial. In order to take possession of an item, and that property to be searched it must be specifically listed in the search warrant. The police are limited to only what is indicated in the warrant after its approved by a judge. ( John Worrall. 2013). The three components of an arrest or search warrant is, it must be issued by a neutral and detached magistrate. There must be …show more content…
The police must determine a crime happened and establish probable cause from there, it is irrelevant where the suspect in question is currently located. The location of the suspect to be arrested has no bearing on whether or not he/she committed the alleged crime. Therefore, the police establishing probable cause as to the suspect 's location is unneeded. Search warrants are issued upon probable cause to include any areas in which items sought after can be found. Hypothetically speaking, An officer creates a search warrant for evidence related to, a financial scheme. He seeks authorization to search the suspect 's home and any evidence which would connect the suspect to the scheme. The officers walk into the home, and search every inch of the house, and find bundles of cocaine in the bathtub. The law enforcement agent seizes the drugs because they are now in plain view of his search. He was searching for paperwork in relation to a financial scheme the officer now arrest the book the suspect for possession of an illegal substance, with intent to sell, which is a completely unrelated crime. In this example you see that, a warrant stating exactly what they are looking for is needed so that law enforcement agents can 't walk into a residence and search in hopes of finding something illegal regardless to if it 's connected to a crime or not. There is no reason to believe that the paperwork he was seeking should have been located in the bathtub. The evidence found and obtained should be suppressed. This prevents officers from conducting full-blown searches and instead only focus on the crime and the items they are looking for, and for which they have probable cause

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