Essay On Search Warrants

The framers of the constitution wanted to protect private property of citizens. They didn't want to re-live the private property violations that colonial Americans faced under the British. Homes and ships were unlawfully searched and private property was seized by British soldiers. Today law enforcement officers must have consent, search warrant, or probable cause. All search warrants start out out as probable cause. Law enforcement officers file a request with the court officer that issues warrants stating their reason for needing to search private property. If the officer agrees then the warrant is issued but it will list exactly what they are searching for. Consent means that the owner of the private property has allowed the officer to search
Search incident to arrest allows law enforcement officers to search individuals to ensure the safety of all involved law enforcement officers. Also, it allows the officers to gather all needed evidence needed for a case. It is the responsibility of government to prove the guilt of a suspect, innocent until proven guilty. The evidence on the federal level a group of citizens called the grand jury will study collected evidence to see if it merits a trial. Search of a motor vehicle doesn't require a written warrant it falls under probable cause. It is customary that any officer that suspects a violation has the right to ask the owner for permission to search. If the owner says no then the car will be towed and searched at a police garage. The owner will be forced to pay the cost of the towing service and impoundment before regaining possession of their car. The exigent circumstances allows the law enforcement to enter private property because they sense that a crime is in progress. There is no time for a search warrant usually these situations demand quick and immediate