Search Warrants In The Fourth Amendment

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The Fourth Amendment authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy. When giving a warrant at a home, law enforcement must abide with knock and announceā€ unless there is an immediate threat of harm to law enforcement, escape of the suspect, or destruction of the evidence. If no answer to the knock, officers may use the force …show more content…
This allows law enforcement to look in the surrounding location for anyone who might cause harm to them. Reasonable suspicion that someone is likely to attack them is necessary in order to extend the search further. When a warrant is executed who ever is at the location may be detained, and can be handcuffed if they are combative. Officers must confine their search to places where the evidence is listed in the warrant, which includes staying out of places that are not on the warrant.
The Exclusionary Rule forbids unconstitutionally confiscated evidence from being admitted at trial. The Fruit of the Poison Tree Doctrine excludes evidence copied from illegally accessed evidence. Even though the police breach constitutional rights, evidence may be allowed at trial if the violation was done in good faith dependence on an apparently accurate warrant, a computerized information indicating that there was an outstanding arrest warrant for the suspect, or a statute that was believed to be
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Deadly force is allowed only if a life is in immediate danger. Non deadly force must be equal to the force received by law enforcement. Evidence can not be collected by means that offend our sense of justice because they are painful. Surgery and other processes that are particularly harmful are carefully examined closely by the courts. Confessions can not be compelled, which would violate Due Process.
Law enforcement may quickly stop a person from questioning if there are particular, powerful fact that would lead a reasonable cop to believe that criminal activity is near. When this type of detention is made, a pat down of the outer clothing may be conducted for weapons only if there is a reasonable suspicion that the detainee is armed. If a car is stopped, the officers have the right to search the passenger compartment for weapons only if there is a reasonable suspicion that the car contains weapons. The right to detain a person for a field interview does not include the right to transport the suspect to the station for fingerprinting or

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