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A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
Vale v. Louisiana, 399 U.S. 30 (1970) was a search and seizure case decided by the United States Supreme Court in 1970, in which the Court held that a search of a suspect's house is not "incident to the arrest" when the suspect's arrest took place outside. The police officers therefore required a search warrant. [1]
In a 5–4 decision, the Supreme Court reversed the Ninth Circuit, ruling that the agents should have obtained a search warrant. Justice Robert Jackson's majority opinion expounded on the importance of warrants, stating they were required by the Fourth Amendment. Justice Jackson described warrants as a judicial check on the executive. Through ...
Deputy U.S. Marshals during a knock-and-announce procedure. Knock-and-announce, in United States law criminal procedure, is an ancient common law principle, incorporated into the Fourth Amendment, [1] which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a search.
A search warrant will stand, even if based on false information, unless the officer clearly lied, Iowa Supreme Court says in OWI case. ... Iowa Supreme Court OKs search warrant despite video ...
The Supreme Court expressly did not rule what level of suspicion would be necessary for a strip, body-cavity, or involuntary x-ray search, [27] though they did say that the only two standards for Fourth Amendment purposes short of a warrant were "reasonable suspicion" and "probable cause" (rejecting a "clear indication" standard).
Defense attorney Keith Hampton said sweeping up any and all devices in a search has been condemned by the U.S. Supreme Court. He blasted the warrant for what he called, “a lack of probable cause ...