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Fourth Amendment Warrant

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The Fourth Amendment enumerates the requirements that must be met before a warrant can be issued (Hall, 2016.) It is the responsibility of the law enforcement officer requesting the warrant to establish these elements to the judge making the warrant determination (Hall, 2016.) First, the evidence presented must established probable cause to believe that within the area to be searched, the items will be found (Hall, 2016.) For a warrant to be issued, there has to be supporting evidence within the case that calls for a search warrant.
Second, there must be probable cause to believe that the items sought are connected to criminal activity (Hall, 2016.) When a search warrant is granted then there needs to be probable cause that is connected to the criminal act in which we are able to find more evidence to prosecute the criminal.
Third, the area to be searched and any item to be seized must be described with particularity (Hall, 2016.) There must be very specific information to obtain a search warrant. A warrant that authorizes a police officer to search a particular home for “unauthorized contraband” violates the Fourth Amendment (Hall, 2016.) A warrant authorizing a search of the same home is valid, provided the warrant is valid in all other respects (Hall, 2016.) The items seized must be very specific and usable items to convict the criminal of his or her actions within the act.
Fourth, the facts that are alleged to establish probable cause must “supported by Oath or affirmation” (Hall, 2016.) In a …show more content…

The Supreme Court has stated that the person authorized must be neutral and detached and be capable of determining whether probable cause exists (Hall, 2016.)

Reference:
Hall, D.E (2016.) Criminal Law and Procedure: Seventh

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