What issues must be considered when a search warrant is being issued?

What will be an ideal response?


After probable cause has been determined, a warrant must specifically articulate the person(s), place(s), and object(s) to be seized and be accompanied by an affidavit. The preparation and execution of warrants cannot go beyond the "four corners" of the application and affidavit. This "four corners" rule means (1) that judges may not seek probable cause beyond the information contained within the "four corners" of the supporting affidavit and (2) that law enforcement officers cannot go beyond the "four corners" of the warrant itself. Magistrates must make their determinations by weighing the individual right to privacy against society's right to gather evidence of criminal behavior. To provide some guidance, the Supreme Court has consistently evaluated standards of probable cause.Magistrates must also consider and establish parameters for the age of information, vicinity of criminal activity, and the particularity and the breadth of the proposed search.

Criminal Justice

You might also like to view...

Describe the elements of the crime of interstate transportation of a motor vehicle

What will be an ideal response?

Criminal Justice

Police communications personnel should be selected on the basis of:

A) familiarity with all aspects of agency operations and procedures B) being able to tolerate low levels of stress C) basic in-service training on how to answer the phone, radio procedures, etc. D) knowledge of department forms and response procedures

Criminal Justice

Explain the racial threat hypothesis, how it begins, and what factors are associated with it. Provide at least one real-world example that may demonstrate the racial threat hypothesis in action.

What will be an ideal response?

Criminal Justice

The term triad refers to the Chinese societies' common mystical symbol: an equilateral triangle representing the three basic Chinese concepts of heaven, earth, and man

Indicate whether the statement is true or false

Criminal Justice