The Four Requirements Of A Valid Search Warrant

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

The Fourth Amendment protects citizens from unreasonable search and seizures. (People v. Williams 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) Warrantless searches and seizures are presumptively unreasonable. (Williams, supra, 20 Cal.4th 119; see also Minnesota v. Dickerson (1993) 508 U.S. 366 (stating searches and seizures conducted outside the judicial process are per se unreasonable unless subject to an established exception).) While the defendant has the initial burden of raising the warrantless search issue before the court, this burden is satisfied when the defendant asserts the absence of a warrant and makes a prima facie case in support. (Williams, supra, 20 Cal.4th 130.) Accordingly, when the prosecution seeks to introduce evidence seized during a warrantless search, they also bear the burden in showing that an exception to the warrant applies. (Mincey v. Arizona (1978) 98 S.Ct. 2408; see also People v. James (1977) 19 Cal.3d 99.) Evidence obtained as a result of an unlawful search and seizure is considered “fruit of the poisonous tree” and should be suppressed. (Wong Sun v. United States (1963) 371 U.S. 471; see also Minnesota v. Dickerson (1993) 508 U.S. 372 (stating unreasonable searches are invalid under Terry and should be suppressed).)

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

Legal Reasoning: The ultimatum of the Fourth Amendment is whether the search was reasonable. The Supreme Court upheld that a warrant is generally required to search a home. Warrantless searches are not reasonable when two co-tenants are present and one of the tenants objects. However, the court held that a same search is reasonable when the opposing tenant is not present. Since the opposing tenant; Fernandez, was arrested and not present, the court affirmed that the search was reasonable

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.

When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.

The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

For a search and seizure to be done the officer has to obtain a warrant, also known as probable cause. By doing this the Fourth Amendment is begin followed, which reads, “The right of people to secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supports by Oath or affirmation, and particularly describing the place to be searched and the persons or thing to be seized” (Constitution.org/2009). An individual also has the right to protect their belongings against unwarranted searches by police officers. Obtaining a warrant is very important because any evidence that is illegally seized by a police officer cannot to be used in court. This is called the exclusionary rule. It was established in 1914 (Criminal Justice today/2009.Ch7). The plain view doctrine occurs when the evidence is simply in plain view. In this case no warrant is needed. In other words, anything that the officer happens to see at the crime scene can be used as evidence. Another time when a warrant is not necessary is when there is an emergency or when the officer has reasons to believe someone in the home is hurt. These situations are referred to as emergency searches.

The Supreme Court consolidated two cases where the police gained entry into the defendants’ home without a search warrant and seized evidence found in the house. The rule of law as read out under the Fourth and Fourteenth Amendment posits that the United States Constitution has prohibited warrantless entry and search of a premise, absent the exigent circumstances, regardless the existence of a probable cause. The courts in Payton held that the Fourth Amendment made it a violation to enter a premise during an arrest absent an arrest warrant and exigent circumstances; a person’s house is a critical point to which the constitutional safeguards should be respected.

It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.

Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.

Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).

The NSA’s program of collecting e-mail data is neither constitutional or legal. Though our Constitution does not extend its freedoms to those outside of the United States, the program still greatly affects the personal privacies of American citizens. A search warrant is needed to view any citizen’s e-mails, and from my knowledge and experiences, in order to obtain a valid search warrant from a judge, probable cause, and a strong certainty that evidence will be found in the area being searched, otherwise the warrant is invalid and cannot be issued; “searches are generally considered reasonable when…a judge issues a search warrant based on probable cause.” (2). This obstructs the rights every United States citizen is protected by under the Constitution.

On the 20th of January, 2016, the Federal Investigative Unit of Bridgeport, West Virginia was called to the residence of 223 Maplewood Drive. Our unit acted on information that we had received from the Federal Bureau of Investigation. Before we arrived at the scene, our investigative unit obtained a search warrant for the individual's home. Search warrants are vital to any investigation because they are judge issued documents that give law enforcement officials permission to enter a certain area to conduct their searches (Graves, 2013). In order for any member of law enforcement to receive a search warrant, they must file a written document known as an affidavit. An affidavit must show probable cause, particularity

Wiretapping is viewed as an invasion of privacy, so the decision of whether a warrant is needed has been hard to define. Therefore, in 1967, the United States Supreme Court decided in Katz vs. United States defined a search under the fourth amendment. It stated, “The Court decided that a Fourth Amendment search occurs anytime the government infringes a person's reasonable expectation of privacy” (Colbridge, 2000). A warrant order must include a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tries or why they reasonably