Search Warrant Research Paper

1567 Words 7 Pages
This paper is going to explain who can issue a search warrant, the grounds on why a search warrant will be issued, who issues it, and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment.
Let me begin with what a search warrant consists of. It’s a court order in writing. It’s signed by the appropriate judicial authority and conducted by a law enforcement officer. Telling the officer to search a certain area, vehicle, and/or place. Then the officer will bring the search and seizure warrant back to the person who issued it, and those people are
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Once the officers’ have obtained everything on the search warrant the search is done. They have to leave the location. Before leaving they will and should inventory all the evidence or items seized, all the people, and people not there, even if the people are not included on the search warrant. The search warrant should have information of where the warrant was issued, names of people who are the witness or that signed the affidavits, the reason why they issued the search warrant, the officer(s) name that requested the search warrant, time of when search will be done, if possible, the name of the judge or magistrate to whom the warrant will be returned to, date it was issued, magistrate or judges signature and their official title. The police may search a person and the immediate surroundings without a search warrant when they arrest someone. Search warrant should indicate everything and everyone to be search and seized. These are just a few types of things that can be seized. Which are hair, blood, money, drugs, weapons, computers, personal/business records, but these are items that require testimony, which will fall under the Fifth Amendment. There can be restrictions on a search warrant. The courts need to make sure it doesn’t violate the federal constitution. The police officers usually handcuff occupants while searching location or vehicle, for their safety (Ferdico, Fradella, & Totten, 2013).
There are a few different people who can issue a search warrant. They are justice of the peace, complaint judges, clerks of court, but the main ones are usually judges and magistrates. The person who signs off on the search warrant has to be neutral, detached from the case, and capable of determining if a search warrant should be issued.

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