Search warrant

certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the property. A search warrant is also needed in the event a law…

ahead to search his automobile and found a bag of drugs/cocaine and a short gun. He was processed and taken to court for trial. At the session Grant moved his motion that the evidence found by the police needed to be suppressed since the officers used unlawful means to search his vehicle. He was convicted on two counts of drug possession and later petitioned to the supreme court with the move breach of/violation of his fourth amendment rights.…

The rule of law governing search and seizure is the Fourth Amendment of the United States Constitution which states, in part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” The constitution does not provide definition of what constitutes an unreasonable search and seizure, nor does it define the term effects as it pertains to the venue…

papers and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported, by the oath of affirmation, and particularly describing the place to be searched and the persons or things to be seized.” This simply means in laments terms that every US citizens is entitled and promised protections against personal and property invasion as well as entitled to be inform of the nature of the search and detailed what place and…

investigators must meet certain requirements in order to avoid that the evidence would fall under the exclusionary rule. There are two Four Amendment Search Warrant Requirements they are probable cause and a sworn affidavit specifying the place that needs to be searched, what items or evidence would most likely be seized, and how would this search support the probable cause (Buckles, 2006, p. 132). The probable cause requirement means that the evidence that can be found at the scene can be more…

investigation into Mr. Jones based upon a tip that large numbers of automatic weapons were being sold out of Mr. Jones’ home. The investigation led police to believe that the sale a purchase of the weapons was gang-related and they obtained a search warrant on this basis. On the day of the arrest two uniformed officers approached the residence of Mr. Jones while other officers positioned themselves around the building. As the officers stepped onto the porch Mr. Jones’ brother opened the front…

and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being…

reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause. In this instance,…

when showing him the warrant application. The other issues are that the JP has possibly only read through the application and not asked sufficient detail regarding the application and ‘why’ and for ‘what’ the search is being conducted for. As emphasised in Crowley v Murphy (1981) 34 ALR 496 at 515, "It is for the Justice himself who must be satisfied ... he must ensure that a finding of reasonable grounds is supported by credible facts and circumstances". The facts of the warrant application…

who they had reason to believe was protecting the fugitive or had information of their whereabouts. When the officers arrived at her home they asked Mapp to open the door and let them come in to search her home. She contacted her attorney at the time and he advised her not to let them in without a warrant. The police, who knowingly did not have legal permission to enter, left the residence. Some hours later they returned and told the woman to again grant them access into her home. This time she…