Search warrant is the form of legal documents that authorizes or allows the security officials or the police offers to enter any premises and perform the activity of searching the premises. Generally, a search warrant can be issued to search or seize any property or the person to search for: (1) evidence in case of crime; (2) an unlawfully restrained person; (3) a property used in committing crime, intended for use or designed for the use; and (4) contraband the illegally possessed items (Legal Information Institute, n.d.). There are several ways through which the search warrants can be obtained, including:
Usually, the search warrants are obtained from the magistrate judge after providing him with an affidavit and/or the other information. A state court of record can also issue the search warrant.
The search warrants can also be obtained in the presence of a judge through providing him with affidavit, …show more content…
Constitution. This law prohibits criminal prosecution from using the collecting evidences against the constitutional rights of the defendant in the court of law. For example, in order to protect the constitutional rights of the defendant, prophylactic rule is formulated by judiciary. Its roots can be traced in the U.S. Constitution. According to the Fifth Amendment, “(No person) shall be compelled in any criminal case to be against himself”. Similarly, “(No person) shall be deprived of life, liberty or property without due process of law” (Allen, 1961).
Different states have developed the different forms of exclusionary laws to prohibit and use the illegally obtained. This rule is sometimes also known as the legal technicality because. Through this law, a defense is provided to a defendant which does not deal with the issue of whether the crime was actually committed. This rule is equally applicable to everyone in the country including citizen of the country as well as the visitors and the
Usually, the search warrants are obtained from the magistrate judge after providing him with an affidavit and/or the other information. A state court of record can also issue the search warrant.
The search warrants can also be obtained in the presence of a judge through providing him with affidavit, …show more content…
Constitution. This law prohibits criminal prosecution from using the collecting evidences against the constitutional rights of the defendant in the court of law. For example, in order to protect the constitutional rights of the defendant, prophylactic rule is formulated by judiciary. Its roots can be traced in the U.S. Constitution. According to the Fifth Amendment, “(No person) shall be compelled in any criminal case to be against himself”. Similarly, “(No person) shall be deprived of life, liberty or property without due process of law” (Allen, 1961).
Different states have developed the different forms of exclusionary laws to prohibit and use the illegally obtained. This rule is sometimes also known as the legal technicality because. Through this law, a defense is provided to a defendant which does not deal with the issue of whether the crime was actually committed. This rule is equally applicable to everyone in the country including citizen of the country as well as the visitors and the