When discussing search and seizures or search warrants the individuals constitutional rights are the first thing that comes to mind most considerable the fourth amendment which states “The right of the people 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.” Therefore, as stated in the fourth amendment no warrants shall be issued unless probable cause is present. To receive a search warrant the officers must support their showings with sworn statements (Legal Information Institute, n.d.) Therefore, a search warrant is needed once the officers believe there is probable cause and only after they submit sworn statements and are approved by a judge to execute the search warrant.
Law enforcement must have probable cause to demonstrate to a judge that they have enough suspicion to receive a search warrant. The only policy and practice required by the court to attempt to receive a search warrant is the presence of probable cause (Bowers, 2014).
The exceptions to search warrants include searches incident to an arrest, consent searches, vehicle searches, container searches, and emergency circumstances (AMU Lesson 3, 2020). Searches incident to an arrest allows a warrantless search of an arrested individual so that officer is safe, the suspect cannot escape, and to preserve evidence.
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