PART 2 SEARCHES WITH WARRANTS

Search Warrant

A legal document authorizing law enforcement to search a specific location for evidence of a crime.

Probable Cause

A reasonable belief, based on reliable information, that a crime has been committed or that evidence of a crime will be found in a particular place.

Knock and Announce Rule

A legal requirement that police must announce their presence and the purpose of their visit before entering a property to execute a search warrant.

Exigent Circumstances

Emergency situations that justify law enforcement's failure to obtain a warrant before conducting a search or making an arrest.

Plain View Doctrine

The legal principle allowing the police to seize evidence of a crime without a warrant if it is in plain sight during a lawful observation.

Seizable Items

Items that can be legally seized by law enforcement during a search, usually related to the commission of a crime.

Search Incident to Arrest

An exception to the warrant requirement that allows police to search a person and the immediate vicinity without a warrant immediately after an arrest.

Warrantless Search

A search conducted by law enforcement without obtaining a warrant, usually justified by exigent circumstances or another exception to the warrant requirement.

Affidavit

A written statement made under oath, often used to support a search warrant application, detailing the facts that justify the search.

Fourth Amendment

The part of the U.S. Constitution that protects citizens from unreasonable searches and seizures.

Search Warrant Execution

The process by which law enforcement officials carry out the terms of a search warrant, including entering premises and searching for specified items.

Judicial Preference for Warrants

The legal perspective emphasizing the importance of obtaining a warrant to ensure compliance with constitutional protections against unlawful searches.

Search Warrant Checklist

A list of considerations that law enforcement officers should evaluate to determine if probable cause exists to obtain a search warrant.

No-Knock Warrant

A type of search warrant that allows law enforcement to enter a property without prior announcement, typically justified by a perceived threat of harm or destruction of evidence.

Administrative Search Warrant

A warrant that can be issued for non-criminal inspections, often related to regulatory compliance, without the traditional required probable cause.

Anticipatory Search Warrant

A warrant that becomes effective only upon the occurrence of a specific event, such as the delivery of a package.

Body-Worn Camera

A recording device worn by law enforcement officers to document their interactions and incidents during law enforcement activities.

Evidence Seizure Procedures

The protocols law enforcement must follow when collecting, handling, and documenting evidence obtained during a search.

Search Warrant for Third Parties

Legal processes and considerations to be followed when seeking evidence located on another person's property.

Sealing Search Warrant Affidavit

The process of restricting public access to documents related to a search warrant application to protect privacy interests.

Witness Accompanying Search

A protocol allowing a responsible person to be present during the execution of a search warrant.

Frisk for Weapons

A quick pat-down search conducted by law enforcement officers to check for concealed weapons on individuals found at a search site.

Limitations on Search

Legal restrictions concerning the scope and intensity of a search conducted under a search warrant.