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There is a process police offers must go through to obtain a search warrant. Basically, the officers must have probable cause to believe that a person's house or car has important evidence inside. They will then go before a judge, present their evidence, and the judge will decide whether or not to issue the warrant.
Present a written application to a judge setting forth your "reasonable cause to believe" that something is - in the premises, or going on in the premises, or is contained within the premises - etc., and that you need the judge's authority to enter and search the building. If the judge agrees with the reason(s) set forth he will sign and approve the warrant.
The police or district attorney goes to a judge and asks for one. They have to show that they are legally justified in wanting to search this person's house, car, office, or whatever. It's called "having probable cause for a search warrant."
An example of probable cause would be if the police find a car that matches the description of the car given by witnesses. If witnesses say they saw a man in a blue 1996 Honda with a license plate beginning with 7JK commit the crime, and the police find a blue 1996 Honda with plates starting with 7JK, they would have sufficient probable cause to search the car.
If the judge agrees that they have probable cause to do a search on this person's property, he/she will sign the warrant, and send the police off to do the search.
Additional: The document that law enforcement/prosecutor must submit to the judge in support of their warrant request is known as an AFFIDAVIT.
Police need to establish probable cause to believe that you are committing or have committed a crime and that evidence of that crime is located in your home or area to be searched. The probable cause has to be reasonable: for example police are not going to get a search warrant for your home because you wrote a bad check.
What has to happen before police can get a warrant to search your house for drugs.
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The police will make a sworn statement to a judge or magistrate, explaining the information that has given them cause to believe that a crime is being committed in that place. The information must be "probable cause"- information that would convince a reasonable man that it is true.
If the magistrate agrees that the police DO have probable cause, he will issue a warrant that specifies the place to be searched, and the things to be searched for.
They must bring their evidence before a judge. Any officer can request the warrant, and the officer(s) serving the warrant do not have to be the same ones who requested it, nor do they even need to have the original warrant in their possession. As long as they have confirmation a warrant has been issued, they may serve it.
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Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
Even though there is a search warrant can police search a home in South Dakota if no one's been in the home to receive the warrant?
Yes. The police can search any items if they have a warrant. It does not matter that no one is there to receive the warrant. The police only have to leave a copy of the warrant at the residence.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can a minor give police officer the right to search their residence with a warrant?
There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.
Can the police search the premises without first showing a search warrant?
Yes, the officer may search. Police may search a building if they reasonably believe a valid search warrant has been issued. They do not have to possess the search warrant.
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
How do you use search warrant in a sentence?
The police got a search warrent in order to search the suspect's house. The suspect would not allow the police to search his home without a search warrant.
Can you ask the police to do a free warrant search on someone other than yourself?
I heard that you can ask the police to do a free warrant search on you at any time. Can you ask them to do a free warrant search on someone else?
If the police have a search warrant Is it legal for the police to search your home if you are not there?
Yes, you are not necessarily required to be present.
What is a court order allowing an individual or his or her property to be searched or siezed is called?
When police officers have a court order to search a home or a person, it is called a search warrant. If a police officer has reasonable suspicions, then they can search a person without a search warrant.
If arrested can police search your car without a warrant?
Yes they can search it
How many warrants can a teenager get before they get arrested?
It could be one. There are search warrants and arrest warrants. If you have a search warrant, the police are entitled to search your property. After executing the search warrant, if the police establish probable cause to believe that you committed a crime, they can arrest you. If you have an arrest warrant, it is only a matter of time before the police find you and execute the arrest warrant.
