Importance Of Search Warrant

Superior Essays
Being a police officer is a very risky and challenging profession. When performing their duty, they often encounter different kinds of circumstances. Circumstances that are unavoidable but usually preventable if they are armed with proper knowledge and training regarding situation before executing the task, like, when they conduct their search of a person, an automobile or of a crime scene. To have a better understanding regarding what the police need to conduct the search, in this paper, I will discuss and explain the requirements the police need to conduct the search, like the probable cause requirement, the scope of the exclusionary rule, the value of search warrant as well as the circumstances related to the police search. To conduct the …show more content…
Police need to secure or obtain search warrant before doing the search unless otherwise circumstances prevent the police from obtaining it and permit to carry on the search even without a warrant. “Search warrant has proven to be one of the most valuable tools in criminal investigation because it authorizes the search of homes, businesses and vehicles of suspects that typically results in the arrests, expedites investigation and subsequent case closure” (Lyman, p. 89). Basically, search warrant is very useful to police especially when they trying to enter a location, dwelling or structure and are looking for specific evidence to build or prove their case. Search warrant is also “used to recover stolen property, seize drugs or other contraband and seized any other type of property used in the commission of a crime” (Lyman p.91). While, search warrant is one of the most worthy requirement before conducting the search, not all situation requires the police to have search in order to search the premises. There are circumstances that allowed police to do warrantless search.
Under the law there are different circumstances that authorized the law enforcement officer to conduct a warrantless search. Example of circumstances are when the subject of the search voluntarily give a consent to the police officers to conduct a search even without a warrant, in a situation where there is an emergency need to search the subject without a warrant because obtaining search warrant will compromise the safety of the public, in a situation of searches incident to lawful arrest, during the stop- and- frisk searches, plain view searches, automobile searches and open-field searches (Lyman

Related Documents

  • Decent Essays

    Chimel Vs Chimel

    • 475 Words
    • 2 Pages

    reasoning- when an arrest warrant is issued the only place you can search is scope of area the person is legally. Anything obtained beyond that scope will not be permissible. Ted chimel did not give the officer consent to search and told them you need an arrest warrant. the police officer thought that if making this arrest in the house it had enough probable cause to not need a search warrant. the supreme court found that you need a search warrant to go up to the attic or bedrooms not an arrest warrant.…

    • 475 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Kentucky Court Case

    • 670 Words
    • 3 Pages

    Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police create the exigency by threatening or violating the 4th Amendment. Precedent Cases: Payton v. New York (1980)- Theodore Payton’s house was forcibly entered by New York City Police because they suspected him of a murder. Evidence was then found in the house that linked Payton to the crime. The police entered his home without a…

    • 670 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Do's And Don Ts Case

    • 606 Words
    • 3 Pages

    - Yes a warrantless search is permitted in these private dwellings. The reason said search may occur is because while in “hot pursuit” of a criminal an officer must continue to maintain the safety of him/herself as well as the public’s. Therefore in keeping with this goal if a criminal were to run through a public dwelling then its security has been compromised which puts the officer and the public in danger which warrants a security sweep of the premises. (when necessary) 6.) The police have a warrant to search your basement for evidence of a drug manufacturing operation.…

    • 606 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Simon Flacks Analysis

    • 291 Words
    • 2 Pages

    The article explores the different approaches that police have taken in order to minimise and eliminate illegal stop and searches, by developing different tactics that are within the…

    • 291 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Fourth Amendment Warrants

    • 169 Words
    • 1 Pages

    As followed, searches incident to arrest do not require a warrant if the search is in radius of the suspect. The officer may search the surrounding area for illegal contraband or weapons. Ultimately, to protect the officers around as well as to collect valuable…

    • 169 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Probable Cause Case

    • 567 Words
    • 3 Pages

    In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about to be committed before he or she investigates a person (Samaha, 225). With the numerous incidents that have involved Law Enforcement officers performing unlawful searches, and utilizing things such as excessive force to subdue a suspect, the trust of the community in these government officials has been on the decline. Luckily perhaps, the…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Mapp Exclusionary Rule

    • 549 Words
    • 3 Pages

    If a police officer suspected a criminal of violating the law, the officer had the right to search the suspect without any warrant. Moreover, Mapp v. Ohio limited what police can do to a citizen. For example, a police can’t search another person without any “reasonable suspicion” or “probable cause”. Furthermore, Chief Justice Warren introduced a new rule: inevitable discovery rule.…

    • 549 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Lawful arrest Lawful arrest does not require a search warrant when arresting someone. The officer can search the person and any area surrounding the person. The police search the surrounding are for evidence that could be throw or destroyed within the suspect wingspan. The lawful arrest is also helps when searching a vehicle, when the suspect is arrested. The Supreme Court can let a police officer search a vehicle if the officer has reasonable suspicion that the vehicle has weapons or drugs that belongs to the suspects.…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Why Probable Cause Exists

    • 773 Words
    • 4 Pages

    Consent is one of the many types of exceptions that typically involves an individual giving law enforcement the right to search him or herself or their residence without a warrant. In order for the consent to be valid, it must be given without coercion or deceit. For the second exception, search incident to lawful arrest, law enforcement officers are allowed to legally search a person or their surroundings immediately after their arrest no matter what the individual was arrested for. Once the suspect is removed from the premises where the arrest took place all searches must come to an end. The purpose of this exception is to locate any possible weapons and provide a sense of safety to the officer during the process of an arrest.…

    • 773 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    “Stop, Question, and, Frisk” is considered the practice in which Police Officers stop people on the street based on reasonable suspicion of a criminal activity. The practice of “Stop Question and Frisk” by the NYPD is not efficient in New York. In this research paper we will discuss why we think the practice of “Stop, Question, and frisk” was not efficient in New York. To support the statement provide in this paper, we are going to used reliable sources to made this paper interesting, and reliable at the same time. One of the sources that we are going to used is New York Time…

    • 620 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    The Fourth Amendment was created by our Founding Fathers for this exact reason. If a police officer can conduct a warrantless search without receiving adequate consent then our Fourth Amendment right to privacy will continue to be violated, a violation our great Constitution does not permit. In Matlock, the court decided that a third party could give consent to search if they had common authority over the object or premises. U.S. v. Matlock, 415 S. Ct. 164, 171 (1974).…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In the scenario, there are three types of people or things involved the police, the courts and corrections. Now with each one of these things someone who works as a correctional officer, a police officer or a judge can use discretion in order to do their job to the best of their ability. However, it is stated that discretion is the power or right to decide or act according to one’s own judgment; freedom of judgment or choice (dictionary.com. n.d.). Therefore, when it comes to a police officer using his or her discretion in order to get consent to search the house versus an actual search warrant would have really changed the outcome of the scenario. The reason for this is because if he or she had search the house with the consent of the suspect…

    • 1049 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Essay On 4th Amendment

    • 566 Words
    • 3 Pages

    The fourth amendment to the United States constitution guarantees that there will be no unlawful searches or seizures. However, under Supreme Court ruling, this amendment is not applied in school. In other words, government officials are lawfully allowed to search you and your belongings without a warrant of any kind. The reasoning to this is because there is a heightened need to keep areas of learning and teaching safe. Recently courts have expanded the Supreme Court’s ruling to lawfully allow school officials to conduct these searches.…

    • 566 Words
    • 3 Pages
    Improved Essays