Search Warrants
Jonathan Papin
National University-CJA 460
April 2013
Professor James Lasley
Term Paper-Search Warrants
Search warrants are a major part of most investigations that take place everywhere in our country. What is a search warrant? It is basically a court order that is issued by a judge or any other type of Supreme Court official that authorizes law enforcement personnel, in most cases police officers, to conduct a search of a person, house, vehicle, or any other type of location. Evidence of a crime is what is mostly being searched for. Authorities will most often confiscate the evidence or objects of the crime. A search warrant must always be based on probable cause. We can define probable cause by facts or circumstances that would lead a person to believe that the place needs to be searched for important pieces of evidence to be found (Swanson 35). The probable cause is established by what is called a written affidavit prepared by the law enforcement officer or investigator. In the affidavit, the officer states all known facts and circumstances involving the suspects and items that are expected to be found. An affidavit contains 3 main parts that need to be described: the person, the property, and the facts. The search warrant must always describe in particular the place that is being searched. The description must be detailed enough to where the place being searched can easily be distinguished from any other place. It can be very easy to confuse one property with another; this is why it is extremely important for the description of the building to be very detailed and accurate. The police can search only the place described in a warrant and usually can seize only the property that the warrant describes (Swanson). The police cannot search a house if the warrant specifies only the backyard, nor can they search for weapons if the warrant specifies marijuana plants. However, this does not mean that police officers can seize only those items
National University-CJA 460
April 2013
Professor James Lasley
Term Paper-Search Warrants
Search warrants are a major part of most investigations that take place everywhere in our country. What is a search warrant? It is basically a court order that is issued by a judge or any other type of Supreme Court official that authorizes law enforcement personnel, in most cases police officers, to conduct a search of a person, house, vehicle, or any other type of location. Evidence of a crime is what is mostly being searched for. Authorities will most often confiscate the evidence or objects of the crime. A search warrant must always be based on probable cause. We can define probable cause by facts or circumstances that would lead a person to believe that the place needs to be searched for important pieces of evidence to be found (Swanson 35). The probable cause is established by what is called a written affidavit prepared by the law enforcement officer or investigator. In the affidavit, the officer states all known facts and circumstances involving the suspects and items that are expected to be found. An affidavit contains 3 main parts that need to be described: the person, the property, and the facts. The search warrant must always describe in particular the place that is being searched. The description must be detailed enough to where the place being searched can easily be distinguished from any other place. It can be very easy to confuse one property with another; this is why it is extremely important for the description of the building to be very detailed and accurate. The police can search only the place described in a warrant and usually can seize only the property that the warrant describes (Swanson). The police cannot search a house if the warrant specifies only the backyard, nor can they search for weapons if the warrant specifies marijuana plants. However, this does not mean that police officers can seize only those items
References: Search Warrant Requirements. http://criminal.findlaw.com/criminal-rights/search-warrant-requirements.html Search Warrants: What They Are and When They’re Necessary. http://www.nolo.com/legal-encyclopedia/search-warrant-basics-29742.html Swanson, Charles R. Principles of Investigation (10th edition) . 2009. McGraw-Hill higher education. 150 Search Warrants, Court Orders, and Affidavits: A Law Enforcement Guide. (Volume 1). What are the different types of warrants? http://www.wisegeek.com/what-are-the-different-types-of-warrants.htm#did-you-know