How To Obtain A Search Warrant

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Recommended: Importance of SEARCH WARRANTY

What is a Search Warrant A search is defined as an examination of a place, vehicle, or person which is conducted by an officer of law for the purpose of finding objects that are believed to relate to criminal activity. According to the Fourth Amendment a search cannot be conducted unless there is first probable cause. A search warrant is an order in writing which is issued by the proper judicial authority in the name of the people. The search warrant is directed to law enforcement officers, commanding the officers to search for a certain personal property, and commanding the officer to bring that property before the judicial authority which is named in the warrant. How to Obtain a Search Warrant A search warrant is obtained by an officer of the law. The officer would apply for a warrant by following the established laws and procedures. I the procedures which are in the first paragraph are not followed correctly, the judge can and will deny the application. In another case the court can invalidate a warrant that they think was issued illegally. In both of these, valuable evidence will be lost and sometimes that can lead to a trial being acquitted. In this case as well the officers …show more content…

After an officer of the law prepares the search warrant, it then must be approved and issued by certain judicial officers, who have been specifically authorized. These magistrates that are given this specific authority are clerks of court, complaint justice, justice of the peace, and judges. The grounds for which these magistrates may issue warrants are probable cause must be established and an affidavit. The affidavit should inform the magistrate of the criminal offense being committed, the siezable evidence, the time, the place, and the method in which the law enforcement will use to identify the appropriate premises or

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