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Search Warrants (Essay Sample)


I wrote a paper for a customer on the different search warranties authorized by the federal government. It also covers the process by which a search warrant is issued and sought, with emphasis on the Fourth Amendment requirements.

Criminal Justice Essay
Criminal Law
There is an in-service training for around 30 officers running for two weeks. The curriculum will mainly cover the numerous types of searches that are authorized by the federal law. It will also cover the process by which a search warrant is issued and sought, with emphasis on the Fourth Amendment requirements. The probable cause and the standard which it is met will also be covered in the curriculum. Also, a minimum of two types of searches that do not need a warrant will be described and discussed in the curriculum. The curriculum will also address questions on the rationale behind allowing warantless searches and if those reasons are persuasive. Another question that will be addressed in the training session is if all searches need a probable cause or there are exceptions.
Search Warrants
Search warrants are specific and directed towards a certain group of officers or officer. The officer or a member of the specified group is the only one who can serve or execute a warrant. It is required that the officer who is specified in the warrant, must be there personally when the search is carried out (Ferdico, Fradella and Totten, 2008). However, in cases where a search warrant is issued to a sheriff, the deputy sheriff can execute and there is no need for the sheriff to be there. The process of issuing and executing a search warrant can be fairly easy or extremely difficult. For example, it is easier to use a search warrant to confiscate and establish evidence such as a gun or any other weapon, than to get business records of an individual or firm suspected of committing fraud. When getting a search warrant, it is important to consider and take seriously the Fourth Amendment. Search warrants must respect the rights of individuals and ensure the safety of property and individuals is not violated during the search. People, papers and personal items should not be subjected to unreasonable searches and seizures, as this is against the Fourth Amendment. Warrants are only issued upon establishing a probable cause as outlined in the affirmation or oath. The oath or affirmation gives a description of the location to be searched and the objects or individuals to be seized (Ferdico, Fradella and Totten, 2008).
Investigators must demonstrate two things to seek and get a search warrant. They must first demonstrate a probable cause that a crime was actually committed. Then, they have to show a probable cause that physical evidence is present in a particular location (Ferdico, Fradella and Totten, 2008). Once these two vital necessities are met, then there are no problems in seeking a search warrant. A judge will never approve a search warrant that does not specify the location and items to be searched. After carrying out a review, a judge makes a decision on whether or not to issue a search warrant.
Warantless Searches
There are certain types of searches that do not require a search warrant. First, a search warrant is not necessary in an emergency situation like where a poli...
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