Criminal Justice Unit 3
Alicia Stephens
American Intercontinental University Abstract
In this paper it discusses the probes by which a search warrant is sought and issued, who issues and what is needed to issue it. Also discusses how the warrants are issued through the Fourth Amendment and why. Discusses Probable cause and what it is and the reason why it’s called probable cause. Talks about search less warrants and gives examples of several. The rationale for allowing warrantless searches. Also the rights that an officer has during a search and why. Items or rooms that may need an additional warrant. Criminal Justice Unit 3 The process by which a search warrant is sought and issued, in law search warrant is a written order by an official of a court. The warrant gives an authorization to an officer to search a person in a specific place for specified objects and to confiscate them if found. Under criminal code, a search warrant can be sought according to the constitution of a particular state. The objects required for a warrant may be stolen goods or physical evidence of the commission of a crime. (For example) Narcotics Smuggling, and Black Marketing. (Law Teacher.net) The constitution of the United States provides system of checks and balance among the legislative and judicial branches of government (The Fourth Amendment warrant requirement, 208). The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and taking possession by legal process. It also states that a search warrant may be issued only by pledge or affirmation that a crime is most likely committed. According to the fourth amendment, it is mandatory to exclude trial evidence obtained in illegal searches for those without proper warrants (The Fourth Amendment Warrant requirement, 2008). Probable Cause is a set of facts and circumstances that would