Search Warrants Essay

1695 Words Jun 22nd, 2012 7 Pages
Search Warrants
Melissa Eggleston
American Inter Continental University

This paper will discuss many factors of search warrants, it will discuss the process by which a search warrant can be sought and issued, emphasizing the Fourth Amendment requirements. This paper will also explain probable cause and the standard by which the cause is met. Also, it will describe and discuss at least 2 types of searches that do not require a warrant. Also being discussed is the rationale for allowing warrant less searches, if the reasons are persuasive and if all searches require the probable cause exist or the exceptions.

Search Warrants
Search warrants are issued around the world when there is a probable cause and it requires one.
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2 types of searches that do not require a warrant
There are many types of searches that police officials can conduct without a warrant two of which would include, the search of a motor vehicle and frisk searches. A frisk search is when an officer searches is permitted to frisk a person's outer clothing for weapons (LaMance, 1999- 2012) When a police officer frisks a person they may feel other items that may rise suspicion, however the officer can only legally search inside the pockets if he feels a weapon, the only way for a police officer to search elsewhere is if it is a search incident to arrest or a person gives the officer permission. After which if the officer finds something illegal, the search is then turned into a legal search and the officer can legally arrest a person (LaMance, 1999-2012). A search of a motor vehicle is another search that can be done without a warrant if the person that they have arrested was a recent occupant of the vehicle (LaMance, 1999-2012). The only thing that can be searched in this case is the passenger compartment of the motor vehicle and any containers that are found inside the vehicle (LaMance, 1999-2012) Officers may perform a pat down of the driver and a protective sweep of the area in the vehicle surrounding the driver (LaMance, 1999-2012). If an officer feels that they have sufficient probable cause to search a vehicle after

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