Search warrant
Encyclopedia : S : SE : SEA : Search warrant
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| Criminal procedure |
|---|
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Right to silence · Miranda warning (U.S.) |
| Grand jury |
| Criminal prosecution |
| Statute of limitations |
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| Inquisitorial system · Adversarial system |
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| Right to a fair trial |
| Presumption of innocence |
| Jury trial · Speedy trial |
| Habeas corpus · Bail |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy |
| Verdict and sentencing |
| Acquittal · Conviction (law)>Conviction |
| Not proven (Scot.) |
| Mandatory sentencing |
| Suspended sentence |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Dangerous offender (Can.) |
| Cruel and unusual punishment |
| Capital punishment · Execution warrant |
| Related areas of law |
| Criminal law · Evidence |
| Civil procedure |
| Portals: · |
All jurisdictions with a rule of law and a right to privacy put constraints on the rights of police investigators, and typically require search warrants, or an equivalent procedure, for searches within a criminal enquiry. There typically also exist exemptions for "hot pursuit": if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter an edifice in which the criminal has sought shelter.
Conversely, in authoritarian regimes, the police typically have the right to search property and people without having to provide justifications, or without having to secure an authorization from the judiciary.
United States
In the United States, the issue of federal warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Each state also promulgates its own laws governing the issuance of search warrants.Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant. In order to obtain one, an officer must first prove that probable cause exists, although this can be based on hearsay evidence and can even be obtained by oral testimony given over a telephone. Both property and persons can be seized under a search warrant. The standard for a search warrant is much lower than the lack of reasonable doubt required for a later conviction; the idea behind this is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.
Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. would require a second search warrant.
Exceptions
In some cases a search warrant is not required, including when consent is given by a person in control of the premises. Another exception is when evidence is in plain view. When police make an arrest, they are also permitted to conduct a search, such as for weapons or other danger. Searches are also allowed in emergency situations where the public is at risk.
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