Search Warrant Issue Process and Fourth Amendment Requirements The Search Warrant is known as an order being written and issued from the officials of the court. The warrant bestows the officer full authority to find a person at a particular place while looking for particular objects and to take possession if objects are found with the person. As per the criminal court, the constitution of a specific state can be the basis on which search warrants can be sought. Search Warrants objects comprises of commission of crimes along with stolen goods and other things such as black marketing, narcotics and smuggling.
A proper check between the judicial along with the legislative government branches exist in the form of the Constitution belonging to the US. The US constitution fourth amendment safeguards people from irrational searches and from their valuables being taken away through legal process. Under this amendment a search warrant is issued only once it’s determined with surety that a crime is committed by a particular individual. The fourth amendment makes it essential to prohibit evidence in the form of trial being taken from illegal searches being made without verifying an authentic warrant (The Fourth Amendment Warrant Requirement, 2008).
Searches without Warrants
1. Lawful Arrest Search Incident The lawful arrest search incident is not restrictive to the issuance of a warrant. This means that if a person gets lawfully arrested, then the police have every right to search the person’s surrounding which is reach of the police. For instance John has been driving while being intoxicated and gets caught up for breaking the signal. A search conducted by the police finds illegal handgun being present in the car’s trunk and an 8 bags of heroin being present in the compartment. The compartment is considered to be in the reach of John’s wingspan and hence no warrant is required here. As for the gun being found was not within the John’s wingspan so it will be excluded as it was based on unreasonable search.
2. Exception in the form of Plain View If the police are located in the vicinity from where they can see the evidence, then no warrant is required for the police to act legitimately. Officers don’t have the right to enter a violator’s backyard, then using the plain view exception to get hold of an alligator who resides in the pool. If the officer has the right to search for marijuana in vicinity, then he can even seize the alligator which is there in the pool (Criminal Justice, 2008). For instance consider a case where John’s neighbor calls a police when he was beating his wife. When the police enter the house under the emergency exception, they see John’s gun hanging on the wall. John gets caught up for beating his wife and for holding illegal guns.
Probable Cause & Its Standards
Probable cause should not be based on suspicion and should greatly rely on factual evidence. There are four categories in which probable cause sources cab ne placed.
This comprises of the information being obtained by the officer through the use of the five senses including the smell, hearing and sight. The category also includes dubious manners related to criminal activities such as headlights being flashes and roaming around a particular neighborhood.
This comprises of the special skills that officers have to detect gang graffiti, detecting or finding from gestures that a criminal activity will likely occur.
This comprises of the statements being provided by the victims and witness. This includes the announcements from police bulletins as well as information coming from the informants.
Evidence in the form of Circumstantial
This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.
For searches without a warrant, then its mandatory to comply with standards of probable cause is the court. Even the searches being made for a criminal cannot be made without the existence of a proper probable cause. Therefore the officers don’t have the right to lawfully carry on searching and arresting people without having the proper probable cause with them.
Searches Rationale for Warrantless Issues The legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s vehicle. If officer feels that adequate suspicion exist, they have every right to conduct limited suspect search. Vehicles can be searched by the officials without a warrant, if they have the probable cause with them as per the fourth amendment. The seizure and search of the criminal will be initiated as per the reasonable care. To quote an example if an officer stops a car for checking license plates and if he gets smell of marijuana from the car, then the officer as per the probable cause can search the car at his will (Korn, L.M, 2008).
Persuasiveness of Warrantless Searches As per the doctrine of plain view officers have the right to search vehicles. Under this if officer visist the doctor to avail medical facilities and finds drugs being present, and then he can arrest the doctor. The doctrine of Plainview is applicable where a valid right bestows with the officers and legal circumstances are being faced by the officer. This ensures that these searches are to a great extent influential and persuasive. Probable Cause Requirement for Searches
Probable cause is required for all the searches. It is the constitutional right of the people that police cannot convict them or even search for them without the existence of probable cause. The police do not have the right to go to a person’s home without having the search warrants or consent from a higher authority which gives them this right (Probable Cause, 2008). They can only step in once they see a crime occurring inside or they have been chasing a suspect. When the police do have a warrant with them then they have every right to enter a person’s house and look for suspected things and the citizens too will have to cooperate with the police in such matters.
For Police to initiate search warrant, they have to justify the court that probable cause is present. The officer can initiate inquiry based on his observation and from his hearing. The search warrants should comprise of specific objects, person and the place being searched. Additional search items to be inquired includes rooms, vehicles etc. Cases where search warrant is excluded comprises of in plain view doctrine, reviews being made by border officials.