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What are the prerequisites for obtaining a search warrant?

  • December 4, 2022 2:46 AM EST

    A judge must sign and grant a search warrant for the state's prosecuting agency federal sex crimes. Police can't unilaterally issue search warrants; a neutral third-party must approve any searches sex crimes attorney. The issuance and execution of a search warrant must be based on the reasonable belief that a misdemeanor or crime has been committed and the reasonable belief (and likelihood) that criminal investigation material may be located in the warranted area. Law enforcement can seize evidence obtained during a search. A search warrant must always be acquired before any search is undertaken, although California law allows exceptions: if police have 'probable cause' that a vehicle contains criminal evidence. In DUI situations, erratic driving or the scent of a-l-c-o-h-o-l are enough for police to cite probable cause. In general, probable cause for a car search is lesser than for a home or other private area. The power for police to search a vehicle for illegal activity or contraband lies in the 'automobile exception,' which arose during prohibition to prevent the transit and sale of a-l-c-o-h-o-l.

     

    When evidence of criminal activity, such as firearms, d-r-u-g-s, or other contraband, is discovered in plain sight, the police do not require a search warrant. During a 'Terry stop,' police can search your person for firearms without having any reason to suspect that you have one. A "Terry stop" does not constitute an arrest Sex Crime Allegation in California, but it does provide police the right to detain and question you for a short period of time. A "Terry stop" does not need "probable cause" to be made, allowing for stops to be made on the basis of less stringent evidence of wrongdoing. The Supreme Court has ruled that it is not a violation of the Fourth Amendment to detain someone for a short period if there is reasonable suspicion that they have committed a crime. While a "Terry stop" may be justified by "reasonable suspicion," it's simple to see how police may exploit such a stop to gain "probable cause," which could then lead to an arrest and the suspect's loss of rights. Those who strive to be cooperative with law enforcement during interrogation may unwittingly incriminate themselves or others, prompting investigators to conduct a search and seizure under the premise of "probable cause."

     

    If a suspect gives police officers verbal permission to search his or her person or property, the police do not require a warrant to do so. The suspect's Fourth Amendment rights have been surrendered once they grant their consent. This approval must be freely granted, without coercion. Police may nevertheless use intimidation or force to get a suspect's verbal agreement to search a car, house, or the suspect themselves. This may take the form of an aggressive question or a question phrased in a way that seems the police are on the suspect's side. As a side note, it's crucial for tenants to know that if one tenant refuses police permission to search their unit, the consent of the other tenant is invalid. There are situations in which police can legally examine a building's common areas after receiving verbal authorization from a third party having control over the property, such as a landlord. The last possible circumstance in which police would forego obtaining a search warrant is if there was an imminent threat to life or public safety. Even during an apparently innocuous Terry stop, you should exercise your right to stay quiet and prevent the police from acquiring probable cause to perform a search. Do not trust law enforcement to act in a way that protects your rights or that they would look out for your best interests. Their main objective is to get evidence against you, and it may not even be legal evidence. Police may count on a suspect's lack of legal knowledge to allow them to collect inadmissible evidence.