When is a search warrant necessary

In order to get a search warrant, the officer must prove probable cause before a magistrate or a judge. Probable cause may be based on direct information or hearsay.

Hearsay information can be acquired by a telephone conversation or a confidential informant. The standard of proof necessary for a search warrant is lower than that needed in court for a conviction. The idea is that evidence that can be gathered without a warrant might not be enough to convict someone, but it may be enough to show that more evidence could be gathered that may lead to a conviction. There are exceptions where a search warrant is not required to search a person or property, such as if voluntary consent is given.


Expecting the Unexpected: How to Prepare for, Respond to, and Survive a Search Warrant

If evidence is in plain view, a search warrant is not necessary. For example, if an officer pulls over a driver for running a stop sign and sees marijuana in the passenger seat, the officer may then seize the item.

Search and Seizure: Crash Course Government and Politics #27

After the individual gets out of the vehicle, the officer may then frisk the suspect and search the vehicle, including the glove compartment, for weapons. Before conducting the search, the police department must first make preparations. In Illinois v.

Search Warrant

Gates , U. Stanford Daily , U. When determining whether the actual search violates the Fourth Amendment , courts will use a reasonableness test. Warrantless police conduct may comply with the Fourth Amendment, provided that the conduct is reasonable under the circumstances.

Exceptions to the Warrant Requirement - LawShelf Educational Media

In Maryland v. Garrison , U. Howevere, there were two apartments on the third floor. As such, the search of both apartments was considered reasonable.

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Hayden , US. United States , U. Gant, U.

Summers , U. Normally, law enforcement officers executing a search warrant may not immediately force their way into a residence. Only after waiting may the police force entry. Arkansas , U.