Three Different Types Of Warrant Requirements In Law Enforcement

Warrant requirement:
To avoid illegal searching or seizing of someone's property, the law enforcement provides search warrants. For getting a search warrant , the first and foremost thing to law enforcement is to have a specific cause and it has to support oath and they should describe where they are going to search and what all the items they will seize. After all these things then judge will examine the cause that is proposed by law enforcement and can give a permission i.e search warrant.
There are three different type of warrants exist. They are:
• A knock-and-announce warrant
• No-knock warrants
• An anticipatory warrant
The first type of warrant "A knock and announce" warrant is a warrant that requires the law enforcement people to knock the door of a home or residence they want to search, and they have to identify themselves before entering the home and seek owner permission and start their search process.
The next type of warrant is "No-knock warrants", in this kind of warrants there is no need to identify themselves and seek the permission they want to search. Law enforcement people can directly enter where they want and can start their searching process. These type of warrants are given to law enforcement
personnel where there is chance of destroying or vanishing the evidence before the owner opens the door.
Another type of warrant is ”anticipatory warrant", this warrant will give a permission to police to search after some time in the future.
Exceptions to the warrant Requirement:
There are few exceptions to the warrant requirement, one exception is plain view doctrine in which the property is taken away when that property is included in plain view of government agent even if that property is not listed in the warrant.
Another exception is when the police has mistakenly arrest the innocent or wrong person. Even at the times of exigent circumstances the warrant is exceptional. If a police enters the home or residence without having a warrant in the time of emergency, this does not violate the Fourth Amendment but in these cases the officer who have searched without warrant must provide a clear and compelling consent which made him to do like that. The searches which made near border or at border does not require a search
warrant.
Electronic Searches:
In the recent years, with the increase in using internet and computers there are many cases where crimes are occurring electronically but the Fourth Amendment does not cease in searching electronic devices.
USA PATRIOT ACT:
USA Patriot act came into legislation after the serious attacks on World trade center and Pentagon in the year 2001. This USA Patriot act says to search email and telephonic communications. There is a warrant called sneak and peak warrant which had become controversial, this warrant will delay in telling or notifying to the person or owner about the warrant's issue. Patriot Act also says that it can use National Security Letters(NSL). The administration is NSL will have the person or group to provide their telephone, email and financial documents. Patriot act also investigates the person or group even if they did not commit any mistake or crime. In some cases by using NSL, agency can conduct searches before even having the search warrant.