Seizures and searches of people’s belonging, cnduct investigations, ad use of force when in duty, tis power should be exercised within law boundaries and enforcement officers should not jeopardize any proof collected for prosecution. I that regard, te overall focus of this essay is to discuss the ongoing process by which a search warrant is issued and sought, ephasizing on the requirements of Fourth Amendments, dfine the probable cause and the standard by which the probable cause is met. Aditionally, i will describe and discuss at least two types searches that do not require a warrant, poviding example and the rationale for allowing warrantless searches and further explain if all searches require the probable cause.
Ephasis on searches and warrants places the judgment of a magistrate between the privacy of citizens and policemen. I authorizes the invasion of privacy only upon a case that comprises probable cause, a well as limits the invasion of the specification of the person to be seized, eidence to be sought and place to be searched (Lippman, 2010). Wen a warrant is issued, validity is contested in subsequent suppression and if any evidence is found prosecution is brought.
I many cases, curts refer the necessity of judicial magistrates or officers to issue warrants. Te First Amendment, i not always grasped by officers and not necessarily denying the enforcement of law to support the evidences. Te amendment protection requires the interferences to be drawn by a detached and neutral magistrate instead of judged by those officers who engage in competitive enterprises of search for crimes. Te police officers will go about obtaining the warrant when there are any assumptions and sufficient evidence to support the warrant as well as reduce the nullity of the amendment, laving the homes of people secure only in police officers discretion.
Hwever, sch cases do not necessarily mean that only an official or judge can issue a warrant, bt stands for validity of power of the party that is issuing in order for them to act. Cle and Smith (2009) explain that the magistrate must be detached and neutral as well as capable of determining whether there a probable cause for the requested search or arrest.
Hwever, te first test cannot be determined if the ensuing party is engaged in lawful activities, ad the court has not allowed the individuals issuing the warrant to have independence of salary and tenure...
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