Topic > Search Warrant Essay - 2604

Legal Requirements for Obtaining a Search Warrant in the United StatesA search warrant is a request, on behalf of individuals, marked by a judge or other legal power, which allows an officer to search for specific particular property and bring it before the judge (Nova Scotia v. MacIntyre, 1982). The search warrant is one of the most capable and important devices in the legal requirements. While the process for requesting and obtaining a search warrant should be normal for most officers, there are numerous specific and legal pitfalls that can discredit a search warrant, lead to confirmation concealment or denial of cases, and impose mandatory tips for embedded agents ( Holcomb, 2003 ). Therefore, this office's approach is for all officers to have a solid understanding of the legitimate needs involved in obtaining a search warrant while keeping in mind the ultimate goal of anticipating the concealment of evidence. Uphold the constitutional privileges of the subjects and administer an open confidence in the order of this organization to carry out police work in a moral and legal manner. The right of individuals to be protected in their persons, papers, homes and impacts, against senseless searches and seizures, may not be profaned and no warrant should be issued, however on probable cause, supported by oath or insistence, and particularly depicting the people or objects to be seized and the area to be searched (Holcomb, 2003). The Fourth Amendment protects people from irrational searches and seizures, which means that numerous searches are okay if they meet certain requirements. Searches are mostly recognized as rational when: a judge issues a search warrant depending on the possible motive; or… halfway down the paper… the reasonable belief that a dangerous subordinate might be hiding inside an apartment building. The point where when creating a defense mechanism, officers can walk through a home and do a "superficial visual review" of places where an accessory might be hidden. A search warrant is not legally reliable and a police officer may have data that an individual is not aware of, which allows the police to search a section without a warrant. In the event that an officer publishes a plan to enter a house or building without a warrant, an individual should not harm or split charge of "interference by a policeman". Rather, the individual can also stand firm, let the officer continue, and allow a court to later decide whether the officer's activities were legitimate. Meanwhile, people can also make it clear that they don't agree with the search.