criminal justice

Running head : SEARCH WARRANT

Acquiring a Search Warrant and a View on Warrantless Searches Name University

Acquiring a Search Warrant and a View on Warrantless Searches

Truly , it is a hard job to rule a country . But what is even a harder duty is enforcing the laws of the country one is trying to protect . To have a peaceful and harmonious country , laws are made and limitations are put . Since the United States is a country for the people , therefore the people 's welfare and interests are put first above everything . One

of the primary interests of not just Americans but of most people at present are their rights : right to property , right to privacy , and the like . It is a law enforcer 's duty to protect these rights . However , it 's saddening to hear these supposed public servants harm , abuse , and take advantage of the very people they are supposed to be helping and protecting

Way back 16th century , the English and American governments , having limitless power , were free to search houses , people , ships , and personal properties . This was called general warrants in England , and writs of assistance in America . The people 's rights were definitely violated . It was even more difficult to tell and assess whether these said law enforcers were way out of their line because of what was mentioned earlier as the government having unlimited power . Due to complications brought upon by these situations , the Bill of Rights was made . More importantly , the Fourth Amendment was one of the very controversial yet said to be one of the most ambiguous in the Bill of Rights . It says

The right of people to be secure in their persons , houses , s , and effects , against unreasonable searches and seizures shall not be violated , and no warrants shall issue , but upon probable cause supported by oath or affirmation , and particularly describing the place to be searched , or the persons or things to be seized (McWhirter 1994

As a result of this amendment , a search warrant is required when a police officer needs to search a person or any private property for that matter . A search warrant is a written signed by a judge or any judicial authority that is addressed to the people concerned and ing the law enforcers to search for a specific personal property and bring it before a judicial officer or magistrate . There are procedures in getting a search warrant . Some procedures vary from one state to another . To be able to obtain a warrant , a probable cause is necessary information because it gives a preview of the case at hand Reasonable suspicion is insufficient in getting a search warrant . A form with the following information should be filled out by the concerned officers : street and apartment number , physical of the place to be searched , maps and photographs should also be given if available Upon acquiring a search warrant , it does not mean that a thorough search of a house is applicable unless specified in...