Reference no: EM132175363

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1. Discuss when a search warrant is needed by law enforcement.

A search warrant is needed by police officers, in order to ensure the protection of citizen's rights, in accordance with the Fourth Amendment.

The Fourth Amendment protects the people's right "to be secure in their persons, houses, papers, 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, and the persons or things to be seized." (Justia, 2018). In order for a police officer to follow the guidelines of the Fourth Amendment, they are required to obtain a search warrant.

In order for a search to be considered reasonable, a warrant is issued by a judge or magistrate, after probable cause has been determined. Police need to get a search warrant, in order to conduct a search of a location, where the person would have a legitimate expectation of privacy (Find Law, 2018).

2. Discus what law enforcement must demonstrate to a judge to have a search warrant issue.

In order for law enforcement to secure a search warrant, there are steps that need to be taken. The first thing that needs to happen, is that they have to apply for the warrant. This application must possess a sworn statement, and the law enforcement officer has to appear before a neutral judge or magistrate.

The law enforcement officer must show probable cause to the judge or magistrate, and they have to have the law enforcement officer's oath, that the facts are true to the best of their knowledge. This oath can be done orally, or written. The law enforcement officer must have a detailed application for the scope of the search. They need to include the specific place that is going to be searched, what evidence they are looking for, and the specific person(s) that they are going to search. There needs to be enough details in the warrant, so that the police officer can identify the person(s) or place(s), that are described in the warrant (Find Law, 2018).

3. Discuss the various exceptions to the search warrant requirement. Please include examples of each in your response.

There are exceptions to the search warrant requirement, that have been ruled constitutional by the Supreme Court of the United States. There is no search warrant requirement in a search incident to a lawful arrest. This means that if a person is legally arrested, the officer can search the individual, and the area within their reach. An example would be if an officer arrests the driver of a vehicle, they can search the inside of the car, within arms reach of where the driver was.

They can search for contraband, weapons, or evidence. The next exception would be the plain view doctrine. If the police have a legitimate reason to be at the location, and they see illegal contraband or evidence, they can seize it. An example would be that if an officer had a legal reason to be inside of a person's residence, and they noticed illegal drugs sitting on a table, they would be able to seize that as evidence. The next exception is consent. If a person who has a right to, gives the police the permission to search, there is no need to have a warrant. An example would be if a police officer pulled over a vehicle, and asked the driver if they could search the vehicle and trunk.

If the individual consents, the officer is allowed to search without a warrant. The next exception is stop and frisk. If an officer has reasonable suspicion that an individual has committed a criminal act, they can stop the individual. If they believe that the individual is armed, they can do a frisk or pat down for weapons, to ensure their safety. An example would be that if their was a report of a crime, and the officer sees an individual matching the description, they can stop and question the individual and frisk them to check for weapons. The next exception is the automobile exception. Since vehicles are highly mobile, there is no need to get a warrant to search for evidence of a crime. However, if you are looking for people that are being smuggled, you would not be able to search places that a person could not fit into. An example of this would be that there was a report of a moving truck that was smuggling people.

After the vehicle that was identified was stopped, the police would not need a warrant to search the cargo area of the truck, since it is reasonable that it is large enough to transport a person. The last exception is the hot pursuit/emergency exception. This gives police officers the ability to seize evidence without a warrant, due to the fact that the evidence could be destroyed, before a warrant is issued.

This also allows police to enter private property without a warrant, if they are in pursuit of a suspect. An example would be police officers in a foot pursuit of a person that just committed a felony crime. The suspect ran into a private residence to avoid arrest. The police do not need to get a warrant to enter the house, due to the fact that they are in hot pursuit of the subject (Law Shelf, 2018).

Find Law. (2018). Search warrant requirements.

Find Law. (2018). The Fourth Amendment warrant requirement.

Justia. (2018). Search warrant requirements.

Law Shelf. (2018). Exceptions to the warrant requirement.