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| Criminal procedure |
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| Investigating and charging crimes |
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Arrest warrant · Search warrant |
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Statute of limitations · Nolle prosequi |
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Arraignment · Information · Indictment |
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Law · Criminal justice |
A search warrant is a court order issued by a judge or magistrate that authorizes law enforcement to conduct a search of a person or location for evidence of a criminal offense and seize such items. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Most often the term warrant refers to a specific type of Authorization; a Writ issued by a competent officer usually a Judge or Magistrate A court order (or court ruling) is an official proclamation by a Judge (or panel of judges that defines the legal relationships between the parties to a hearing A judge, or justice, is an Official who presides over a Court of law A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. Evidence in its broadest sense includes anything that is used to determine or demonstrate the Truth of an assertion In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Confiscation, from the Latin confiscatio 'joining to the fiscus i
All jurisdictions with a rule of law and a right to privacy put constraints on the powers of police investigators, and typically require search warrants, or an equivalent procedure, for searches within a criminal enquiry. The rule of law, in its most basic form is the principle that no one is above the law There typically also exist exemptions for "hot pursuit": if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter an edifice in which the criminal has sought shelter.
Conversely, in authoritarian regimes, the police typically have the right to search property and people without having to provide justifications, or without having to secure an authorization from the judiciary. Authoritarianism describes a Form of government characterized by an emphasis on the Authority of the State in a republic or union
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United States
Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances (i. An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they e. hot pursuit of a felon; imminent destruction of evidence; the need to prevent a felon's escape; or the risk of harm to the police or others). Immediate pursuit is a Common law principle describing Rules of engagement to enter into Combat with or apprehend and forcibly detain another invade one's In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. Lawyers and Courts use the term spoliation to refer to the intentional or negligent withholding hiding or destruction of evidence [1]
Under the Fourth Amendment, searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. may require additional search warrants.
To obtain a search warrant, an officer must first prove that probable cause exists before a magistrate or judge, based upon direct information (i. In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct e. obtained by the officer's personal observation) or hearsay information. Hearsay is the legal term that describes statements made outside of court or other judicial proceedings Hearsay information can even be obtained by oral testimony given over a telephone, so long as its source has a basis for its knowledge that is either reliable or has veracity, as determined by a totality of the circumstances. Both property and persons can be seized under a search warrant. The standard for a search warrant is much lower than the lack of reasonable doubt required for a later conviction. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. The rationale is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.
Police do not need a search warrant to search a vehicle they stop on the road or in a non-residential area if they have probable cause to believe it contains contraband or evidence of a crime. In that case, police may search the passenger compartment and any open containers inside the vehicle.
Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion - a Terry 'stop and frisk.'
In the United States, the issue of federal warrants is determined under Title 18 of the United States Code. Frisking or a " patdown " is a search of a person's outer clothing wherein a Police officer or other law enforcement agent runs his or her hands along the The United States of America —commonly referred to as the Title 18 of the United States Code is the Criminal and Penal code of the Federal government of the United States. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts
Each state also promulgates its own laws governing the issuance of search warrants.
Exceptions
In some cases a search warrant is not required, such as where consent is given by a person in control of the thing to be searched. Consent as a term of jurisprudence is a possible defence (an Excuse or justification against civil or criminal liability Another exception is when evidence is in plain view - if the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband, the officer is within his right to seize the object in question. The plain view doctrine allows an officer to seize without a warrant, Evidence and Contraband found in plain view during a lawful observation When police arrest an individual, they are also permitted to conduct a full search of the suspect's person, any area within that person's immediate reach, and any vehicle which they recently occupied, for weapons or other contraband. If the subject is arrested in a home, police may search the room in which they were arrested, and perform a 'protective sweep' of the premises where there is reasonable fear that other individuals may be hiding. Searches are also allowed in emergency situations where the public is in danger.
With rented property, a landlord may not authorize law enforcement to search a tenant's premises without a search warrant, and a warrant must be obtained under the same guidelines as if it were the tenant's own home. Landlord is the owner of a House, Apartment, Condominium, or Real estate which is rented or Leased to an individual or business But in some jurisdictions, a hotel room may be searched by consent of the hotel's management without the guest's approval or a warrant. A hotel is an establishment that provides paid lodging usually on a short-term basis [2]
Preparations
Generally, a law enforcement agency planning to execute a search warrant will make preparations prior to entry to a premises. The officers involved in the search will best attempt to gather information obtained from inside sources, such as undercover cops or informants, as to the layout of the premises being searched and the location within the premises of the items for which the search is conducted. Being undercover is disguising one's own identity or using an assumed identity for the purposes of gaining the trust of an individual or organization to learn secret information When there is a flight risk involved, officers will try to surround the premises, guarding all doors, windows, and other possible escape routes.
See also
External links
Footnotes
- ^ Groh v. Ramirez, 540 U.S. 551, 564-65 (2004)
- ^ Consent once removed. (Legal Digest).(search warrant law)
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