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To be valid, a search warrant must be issued by a judge and must be served by a law enforcement official.

a. True
b. False

1 Answer

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Final answer:

It is true that a search warrant must be issued by a judge and served by law enforcement to be valid, according to the Fourth Amendment's requirement of probable cause and detailed description of the search parameters.

Step-by-step explanation:

To answer the student's question: It is true that to be valid, a search warrant must be issued by a judge and must be served by a law enforcement official. This requirement adheres to the Fourth Amendment of the U.S. Constitution, which states that the right of the people against unreasonable searches and seizures shall not be violated and that no warrants shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Probable cause is a legal threshold that must be met before a judge can issue a warrant. Critically, in certain situations such as when there is concern that evidence may be destroyed or during exigent circumstances, law enforcement may conduct searches without a warrant. Additionally, warrantless searches can occur in cases like searches of the passenger compartment of a car or when individuals entering the United States from other countries are searched.

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