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Topic: Search warrant


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  Search Warrants: What They Are and When They're Necessary
A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location at a specified time.
Police officers obtain search warrants by convincing a judge or magistrate that they have "probable cause" to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
The suspect, who may be connected with the place to be searched, is not present when the warrant issues and therefore cannot contest the issue of probable cause at that time.
www.nolo.com /lawcenter/ency/article.cfm/objectID/50CD91FC-B21D-4BE7-BA4818C8E29AC758   (392 words)

  
 Features - Sample Search Warrant Procedures for Libraries | LLRX.com
A copy of the search warrant is essential, as the search must comply with its terms.
If not near a fax machine, tell the attorney the time the warrant was served, which areas the warrant states are to be searched, the sorts of evidence the warrant states are to be seized, and the law enforcement agencies that are involved.
In that case, the "innocent third party" status of the bookstore helped the court determine that an adversarial hearing (instead of a search warrant, which does not use the adversarial process) was required before law enforcement could request bookstore records, to avoid "chilling" the public's right to read.
www.llrx.com /features/draftsearch.htm   (0 words)

  
  City of Austin Public Information Office
Warrants listed here may have been cleared by arrest, court appearance, or otherwise withdrawn.
For warrants that end in MC or CC, please call the Austin Municipal Court at (512)974-4812
To search the Warrant List, enter a last name and the first name, or a birthdate in the appropriate boxes below and click on the "search" button.
www.ci.austin.tx.us /police/warrants/warrantsearch.cfm   (346 words)

  
  warrant - Search Results - MSN Encarta
Search Warrant, in criminal law, order of a court, usually of a magistrate, issued to an officer of the law authorizing a search of the premises...
pledge, declaration, word, guarantee, oath, promise, reassurance, assertion, warrant, self-confidence, self-possession, self-reliance, confidence,...
promise, pledge, vow, obligation, assurance, binder, word, guarantee, warrant, dedication, loyalty, devotion, steadfastness, allegiance,...
encarta.msn.com /warrant.html   (170 words)

  
 Search Warrant Applications
Using a warrant to locate and seize a single piece of evidence, such as a firearm or crack cocaine, may be a fairly simple matter.
In this regard, a search warrant differs from a subpoena duces tecum,1 which permits subjects to conduct their own searches for requested items while permitting the government to embark on a fairly wide-ranging and speculative inquiry for possible evidence.
Any search warrant application must explain clearly, precisely, and completely to a third person (a judge or a magistrate) what the crime is, what evidence establishes the crime, and what evidence the government wishes to seize during the proposed search.
www.lectlaw.com /files/cri12.htm   (2849 words)

  
 Court TV's Legal Cafe: Search and Seizure (Background)
The judge may issue the warrant only if he or she is convinced that the facts offered by the police amount to probable cause -- a reasonable belief that you have committed a crime or that the search will turn up evidence of a crime.
There are many exceptions to the warrant requirement, and this is currently one of the most confused and unsettled areas of American law, so it is important to see a criminal lawyer if you get searched and charged with a crime.
Therefore, a search can violate the Constitution only if the person conducting it is acting "on behalf" of the government, and the Supreme Court has decided that public school officials are acting on behalf of the government when they search students' belongings.
www.courttv.com /legalcafe/home/search/search_background.html   (2190 words)

  
 Search Warrant Exceptions
Search warrants are obtained in compliance with the Fourth Amendment.
A search incident to arrest is the thorough search of the suspect and his immediate area conducted contemporaneous to the arrest.
In the Carroll case, the search was conducted at the scene contemporaneous to the stop and the subsequent development of probable cause.
webpages.charter.net /caselaw4cops/articles/exceptions.htm   (3593 words)

  
 Alito's remark on strip search of girl, 10, prompts questions - The Boston Globe
In 1995, he supported the search of a 17-year-old boy who arrived at a home that police were preparing to search, with a warrant.
Alito, however, wrote in his dissent that the search had been conducted legally because an application for the search warrant had sought permission to search all occupants of a house of a suspected drug dealer, and police had reason to believe that they had been authorized to search the mother and daughter.
Solomon, the lawyer for the girl and her mother, agreed that Alito's decision was based on an interpretation of the search warrant.
www.boston.com /news/nation/washington/articles/2005/11/25/alitos_remark_on_strip_search_of_girl_10_prompts_questions   (1407 words)

  
 Search and Seizure Law without a Search Warrant and Suppression Motions
The right of the people to be secure in their persons, houses, papers, 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, and the persons or things to be seized.
When police have possession of a parcel and have it turned over to defendant by a "controlled delivery," police cannot later search defendant's automobile and the parcel without a warrant, since it was not impracticable to have first obtained a search warrant, and whatever "exigency" may have existed was created by the police themselves.
The ensuing search by the police in the case at bar was unlawful because the police did not have a right to conduct a warrantless search on the basis of an event which they themselves created.
www.njlaws.com /search_and_seizure_law_without_a_search_warrant.htm   (3701 words)

  
 Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (July 2002)
Because the repairman's search was conducted on his own, the court held, the Fourth Amendment did not apply to the search or his later description of the evidence to the state police.
For example, prison guards may agree to be searched for drugs as a condition of employment, and visitors to government buildings may agree to a limited search of their person and property as a condition of entrance.
The Fifth Circuit ruled that the warrantless search of the car was permissible, because the visitor had impliedly consented to the search when he knowingly and voluntarily entered the base with full knowledge of the terms of the visitor's pass.
www.cybercrime.gov /s&smanual2002.htm   (15350 words)

  
 N.D.R.Crim.P. 41. Search and Seizure
The provision which permits a federal magistrate to issue a search warrant is the reciprocal of the federal rule, which permits a state magistrate to issue a search warrant pursuant to a federal matter.
The primary purpose of the rule, however, is the authorization of a search in the interest of law enforcement and as a practical matter the request for issuance of a search warrant by someone other than a law enforcement officer is virtually nonexistent.
Paragraph (c)(2) establishes a procedure for the issuance of a search warrant when it is not reasonably practicable for the person obtaining the warrant to present a written affidavit to a magistrate as required by paragraph (c)(1).
www.court.state.nd.us /court/rules/criminal/rule41.htm   (2118 words)

  
 search warrant — FactMonster.com
search warrant, in law, written order by an official of a court authorizing an officer to search in a specified place for specified objects and to seize them if found.
The Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures, provides, in effect, that a search warrant may be issued only on oath or affirmation that a crime was probably committed.
Warrants are not required for the gathering of evidence in some circumstances.
www.factmonster.com /ce6/society/A0844215.html   (312 words)

  
 Search warrant applications FBI Law Enforcement Bulletin,The - Find Articles   (Site not responding. Last check: )
Using a warrant to obtain the business records of a corporation or an executive suspected of fraud is quite another.
This article addresses some of these differences and suggests ways investigators can accelerate the process of obtaining search warrants infraud cases, while minimizing the possibility that errors will be found by a court after the search has been completed.
Search warrants are very powerful investigatory tools, as well as very restricted ones.
www.findarticles.com /p/articles/mi_m2194/is_n12_v63/ai_16548134   (794 words)

  
 Search.html   (Site not responding. Last check: )
The general rule of thumb is that a police officer must get a search warrant to make a search if there is time to get one.
If, in the course of their search, they find contraband, that contraband can be used as evidence against someone at a trial.
Wherever the suspect is arrested, the police may search what is within arm's length of the arrested person and, of course, if some contraband is in plain sight, they may seize that also.
www.delta.edu /mkhiatt/search.html   (641 words)

  
 seMissourian.com: Story: Search warrant ruling applied in local hearing
Because police applied for the warrant on the basis that contraband would be on the premises at the time they executed the search, it is called an anticipatory warrant.
With an anticipatory warrant, it doesn't matter whether the contraband exists at the time police obtain the warrant, so long as they reasonably believe it will be there when they perform the search.
Typically, the warrants are used in cases where a suspicious package is examined at the post office and found to contain illegal substances, said Swingle.
www.semissourian.com /story/1245794.html   (0 words)

  
 Washington Courts
Remind students of the rule that searches with a warrant are presumed to be reasonable (and therefore legal), while searches without a warrant are presumed to be unreasonable (and therefore illegal) unless they fall within a specific exception to the search warrant requirement.
Students can be searched with less than probable cause; they can be searched when officials have a reasonable suspicion that a student has violated a school rule or law, and that the scope of the search is reasonable.
The court determined that the search was reasonable, based on an analysis of two factors: whether it was justified at the start of the search and whether the search was reasonably related in scope to the circumstances that justified the interference in the first place.
www.courts.wa.gov /education/lessons/?fa=education_lessons.display&displayid=Searseiz   (1713 words)

  
 We Don't Need No Stinking Warrant
Generally, a peace officer does not have the authority to arrest or search without a warrant for the commission of a misdemeanor that is not a breach of the peace unless the offense was committed in the officer’s presence.
A warrant to search a home for a machine gun requires only one affidavit stating the facts supporting the probable cause, but to search for an illicit can of beer, affidavits from two credible persons are required.
Briefly and concisely, reasonable searches and seizures can be broken down into the following general categories: those authorized by lawfully issued search warrants; those incidental to lawful arrests; those conducted with the voluntary express and specific consent of the accused; and those specifically authorized by the law.
fojtulia.org /warrant.htm   (1232 words)

  
 Laredo Morning Times - Police execute warrant in search for drugs
Laredo Morning Times - Police execute warrant in search for drugs
Authorities raided a home in west Laredo and netted more than 175 pounds of marijuana and $7,700 in cash Saturday evening.Three people were arrested.
after authorities executed a search warrant in the 3500 block of Flores Street.
www.zwire.com /site/news.cfm?newsid=18692467&BRD=2290&PAG=461&dept_id=569392&rfi=6   (0 words)

  
 Warrant Search Online - Check Personal Arrest Warrants and Wants
Our experienced researchers go to the court in which the warrant was issued and access the record directly to verify the existence, accuracy and/or clearance of a warrant.
Retrieve a warrant confidentially for yourself or others.
However warrant records are not always avaiable to the public and some of them can only be obtained by law enforcement agencies.
www.1stpublicrecords.com /warrant.htm   (172 words)

  
 Search and Seizures
Police had a warrant to search the bartender and decided to search Ybarra, too, even though Ybarra hadn't done anything to raise suspicion.
Acevedo rule: police may search an automobile and the containers w/in it where they have probable cause to believe contraband or evidence is contained.
Police do not need a search warrant to search the car of a person who has been taken into custody when that car is left in the police garage.
members.tripod.com /~Methos_5000/searchseizure.html   (2552 words)

  
 Section 22-189 Search warrant.
Such affidavits shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or places to be searched.
If it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of chapters 6, 20, 23, 25 or 29 of this Code, a search warrant shall immediately be issued to search for such violations.
(8) A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the making of the application.
www.gocolumbiamo.com /Council/Columbia_Code_of_Ordinances/Chapter_22/189.html   (641 words)

  
 Search warrant seems to focus on knives, shears | The Janesville Gazette | Janesville, Wisconsin, USA
While the affidavit for the Lentz home search was filed late Thursday morning along with results of three searches focusing on Koepp, the affidavits for the searches of Koepp's property and person were not.
Search warrant returns-the list of items found and seized as potential evidence-must be filed as public documents within 48 hours of the search.
Among the things removed from Koepp's trailer and car were a knife from a bedroom shelf, 10 small folding knives in boxes, a folding knife and scissors from the kitchen pantry, a piece of white nylon rope, boots, shoes and drain traps.
www.gazetteextra.com /lentz_warrants011907.asp   (697 words)

  
 SignOnSanDiego.com > News > Metro -- Aguirre's warrant raises complex issues
The search warrant – signed by Superior Court Judge George “Woody” Clarke, a former deputy district attorney – is sealed.
With rare exceptions, search warrants are granted only in felony cases, which the district attorney handles, not the city attorney.
The law defines a search warrant as “an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her” to conduct a search.
www.signonsandiego.com /news/metro/20070327-9999-1m27tootall.html   (772 words)

  
 Northpinellas: Search warrant provides few clues
Sheriff's officials say Robert Temple is not a suspect in his wife's disappearance, although a search warrant indicates police considered him.
A manager at Amerinet told police, according to the search warrant, that he thought Temple may have been having a relationship with the woman.
The search warrant said Christensen had confided to a friend that she had been "conversing" with a man from North Carolina on the Internet and had told the man she was unhappy with Temple.
www.sptimes.com /News/91499/NorthPinellas/Search_warrant_provid.shtml   (976 words)

  
 Dealing With CPS Demand a Copy of the Search Warrant
The agent may try to tell you that a search warrant isn't required because you can give voluntary consent or he may try to make you believe you are required to allow him into your home.
Even when the agent has enough evidence to obtain a search warrant, he is restricted to looking for specific things listed on the warrant.
Agents typically do not seek warrants because; a) they don't have enough evidence to obtain one and b) they don't wish to be restricted in their "investigations".
www.deltabravo.net /custody/cpswarrant.php   (1329 words)

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