What is a Search Warrant?
A search warrant is defined as a legal order or legal document which is signed by a judge and the exercise of his authority directing a police officer or peace officer to bring certain property back before the judge based upon a finding that property is illegal. But the definition of an arrest warrant is different from search warrant.
An arrest warrant is another way for the criminal process, to start it is a document that is prepared at the booking area or the magistrate’s office or judicial commissioner There are different Act which defines Search warrant for example in India search warrant is define in the Crpc. Quite simply it would be used to determine whether or not certain property which his held by individual is unlawful and if law enforcement through an affidavit can bring this before a court and judge and he determine it’s illegality then the judge will sign a written order directing police officers to search a particular place to find a particular substance or contraband and bring it back before the court and arrest anybody’s who is a possession of it.
If you have not understood with the definition of search warrant then look at this example. A good example might be if law enforcement suspects a person is involved in manufacturing crack cocaine out of his or her home then they may actually have undercover police officer visit the home and an undercover capacity make observation about what they see, they may have some videotape surveillance may have audiotape surveillance, they may also keep a long of the people going to and from the home they might do trash pulls which is they go and they examine the trash when it’s next to the road determine if whether or not there is small amounts of drugs in the trash.
There is nothing like a time frame to issue a search warrant. People generally ask this question “how long does it take to get a search warrant” Once they get all this information together they will present it before a judge, that judge signs a written order directing the police officer to search a particular place to find a particular item so a search warrant a legal document signed by a judge using his or her proper authority direction police officers to search a particular place for a particular item then directing them to bring those items back before the court and arrest any individual who in possession with those items if they are illegal.
A “search warrant” is a very specific kind of warrant and it is different from an arrest warrant. It has to be in writing. It has to be submitted to a magistrate or a judge by a police officer and it has to establish what’s called probable cause that probable cause has to show that a crime has been committed and that the places or person or things to be searched might uncover that criminal activity.
Example of Search Warrant
A common example is if police officer has used a confidential informant to buy drug and that drug purchase leads to a specific house that the drugs are being sold out of that officer will go to a magistrate with a warrant saying I had bought then walked in them out of the house and I want a warrant to search that house for drugs. If that judge believes there’s probable cause, he or she signs the warrant and then the officer has ten days to serve it if he doesn’t. its stale and it goes away so there are very specific requirements but search warrants are a very special type that is always in writing and have to be supported by probable cause and specifically the people and things to be searched have to be described.
The police search or Search warrant Secrets – Your Right to say no
The common people don’t know the procedure so they don’t know how to restrict from getting searched. One of the mysteries for citizens asked me “when can police conduct a search” and when they have required search warrants to conduct a search. One of the tactics that police officers use to search without a warrant is that they will get citizens to consent to police searches where they do not have probable cause or a warrant. Most incidences police officers are either required to have probable cause or a search warrant to conduct a search of you, your car or your home or body. One of the secrets that police officers use or tactic, they employ is to get the citizen to consent to the search.
US Supreme Court in cases in all jurisdictions allows police officers to conduct a search if the citizen consents to the search. So this is how the scenario will play out you will either be approached by a police officer or as a result of traffic stop, the law enforcement officer will come up to you or your window and say you don’t have a problem if I look in your car do you, this is a question not a statement and in most circumstances the citizen if you are public and you are sitting in your car and a police officer asked you, know the problem if I look in your car, believe that you do not have a choice to say no and you allow the police officer to search if you do any contraband any items that are illegal or anything that is found in that search that can be used against you in the criminal charge will be admissible because you consented to that search, most citizens don’t realize that they have the option to say no.
If law enforcement officer asked to search your vehicle without probable cause or without exited circumstances or search warrant, you as a citizen can say no if you say no you refuse a consent to search and they sin they search anyway, at a criminal hearing your lawyer can file motion to suppress indicating to the court there was not a lawful basis for the search and you did not consent or the don’t have search warrant also. So when law enforcement asks the question you don’t have a problem if or you don’t mind if we this is a question, not a statement. “you as a citizen under the US Constitution 4th amendment, have the ability not to consent to a search and say no.
Another secret or tactic law enforcement officer will use at your home is they will come to your home and what’s called a lot routinely a knock and talk meaning they will come to your home or residence they will knock on your door they are to be in uniform or they produce identification, they will identifying themselves in law enforcement and say do you mind if we come in and talk with you. This is a question they are asking for your consent to come into your home and talk to you about their suspected criminal activity of your roommates or people that have been the home. You have the legal right to refuse their entry into the home unless they have:-
- Certain Circumstances
- Probable cause
- Search warrant
If you allow law enforcement into your home you have consented to the search and while they are at home they observe any contraband. For example if they observe cocaine on a table that then allows them to conduct a search and perhaps an arrest so please use secrets or tactics that police use to use to get around not having a search warrant not having probable cause, not having exited circumstances is that the police officer will convey to you a question that question may seem you is a statement but is a question asking your consent to either search your person, your purse, your vehicle for your home, you as a citizen have the ability to decline that invitation, if you do not consent to that search they will be required to have other legal requirements in place in order to justify the miscibility of that evidence at criminal trail down the road. So remember you have the ability to say no to the consent of search or false search warrant if you say no that may prohibit law enforcement from conducting a search and may prevent your criminal arrest.
The exception to warrant less search and seizure
One of the exception that allows law enforcement to search either your person your vehicle for your home without a warrant or without probable cause is consent. Consent is an exception to probable cause and except its an exception to not having a search warrant and it simply allows law enforcement to conduct a search even if they have no basis for the search.
Search warrant Requirements:-
The requirement for police is that they have to take permission from the appropriate authority and they can conduct the search.
Many times a judge also gives the order to conduct a search for extracting evidence.
They need a good reason to claim a search warrant.
Can a search warrant be issued without evidence:-
The requirements for a search warrant is that there should be a reasonable cause which needs to be searched for evidence, in many cases judge order police to search for a person like in kidnapping, so in that case judge order for the search of a person. Many times police do an unreasonable search for disturbing the peoples or annoying any person. So, in that case, you have to say no.