Search Warrants and Probable Cause Training
Welcome to the Federal Agent/Law enforcement combined in-service training. Over the next two weeks we will be spending time with our fellow agents as well as local officers in this refresher course. The federal agency takes pride in making sure that their agents are top notch in training and being properly informed on laws and expectations.
Search warrants and the Fourth Amendment
Let’s start with what a search warrant is and how we can obtain one. A search warrant is a legal order that is signed by a judge or magistrate to give police officers the authorization to search a person or place for evidence. Search warrants allow you to search at a specific location at a specified time for specific items listed on the warrant. The officers must provide probable cause to the judge or magistrate and convince them that criminal activity has occurred and that there is probable cause that evidence of this crime that will be found at the location. There is an affidavit that must be filled out with written statements under oath that shows reports or observations from the police or undercover agents. If probable cause to support the Fourth Amendment is provided the magistrate or judge will issue the warrant needed.
The most important thing we will look into is the Fourth Amendment. The laws and rights of our citizens is top priority. To obtain a search warrant we must provide probable cause that is supported by the Fourth Amendment.
The Fourth Amendment reads according to the U.S. Constitution (1995), the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (U.S. Constitution, 1995).
If there is any
References: NOLO. (2013). Search Warrants: What They Are and When They 're Necessary. Retrieved from http://www.nolo.com/legal-encyclopedia/search-warrant-basics-29742.html Rationale. (n.d.). Definitions.net. Retrieved from http://www.definitions.net/definition/rationale. Rutledge, D. (2010, May 18) Understanding probable cause. Police: The law enforcement Magazine, Retreived from http://www.policemag.com/channel/careers-training/articles/2010/05/understanding-probable-cause.aspx Schmalleger, F. (2012).Criminal justice: A brief introduction (9th ed.). [CourseSmart Version]. Retrieved from http://wow.coursesmart.com U. S. Constitution (1995). U.S. Constitution: Fourth Amendment. Retrieved from http://www.usconstitution.net/xconst_Am4.html