When Is A Search Warrant Required
A search warrant is a legal document that authorizes a police officer to search a person or premises. The Fourth Amendment to the US constitution lists the guidelines for the issuance of a Search Warrant. It states that people have a right to be free from unreasonable searches. Police officers have to submit affidavits and evidence information to a judge or magistrate to show probable cause before obtaining a Search Warrant.
Reasons why a search warrant may be issued include but are not limited to:
a) Any controlled substance, including paraphernalia or apparatus that is manufactured for distribution and violates the laws of the state
b) Any property that is acquired unlawfully, such as through theft
c) Any property implements, instruments, or specially designed equipment used for an offense
d) Any property or weaponry prohibited by that state
e) Any gambling devices, unaltered or altered equipment, or paraphernalia
f) Any property or items constituting evidence of an offense or a person committing the offense, excluding personal writings of the accused.
Situations where probable cause might be established include evidence that any of the following might be found. In some cases a warrant may arguably not be required for a search. These reasons include:
a) Search of a person or area the person was located in at the time of a lawful arrest
b) Inspections at public checkpoints, airports, and international borders
c) When the public may become endangered during an emergency situation
d) When evidence is in plain view of said officer(s)
e) If a person consents to a search
If a search is completed without a search warrant and where no exception applies, then the exclusionary rule comes into play, which states that any evidence gathered through such a search cannot be used in court.
Posted by: J. Michael Threadgill on 2/17/2008
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Law Office of J. Michael Threadgill
14090 Southwest Freeway, Suite 300 #139
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Tel: 713-425-4958
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