Search warrants

Search warrants

search warrant

The search warrant must be obtained prior to conducting the search. In order to obtain a search warrant it is necessary for federal law enforcement officers to fulfill the requirements of the Fourth  Amendment. This  means that officers must prove that they have a probable cause for their suspicion that a specific location contains evidence, and they must describe the evidence they expect to discover in that location. The existence of the crime scene serves as a solid enough justification of a probable cause to grant a search warrant. Descriptions of evidence may be generic, but they must name the objects expected to be found, for example, weapons, documents, blood, etc.

The following are the instances when its permissible to obtain a search warrant after the search at the crime scene:

The following are the instances when it is permissible to obtain a search warrant after the search at the crime scene:

– Consent – the person who called for the police gives his/her consent for a search without requiring a search warrant. The person who gives consent must have legitimate access to the property to be searched for the operation to be constitutional.

– Emergency – there are three types  of emergencies that permit searches without a search warrant;  they are immediate  threat o life and safety, destruction or displacement of evidence, and escape. When the immediate danger  has passed, the search warrant is require to continue the search.

– Public place – if the crime scene is located in a public place, such as a train station, the search warrant is not required.

– Public view – if the evidence is located in public view the search warrant is not required.

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