Final answer:
To obtain a search or arrest warrant, law enforcement officers must demonstrate probable cause to a neutral judge or magistrate. The Fourth Amendment requires that searches and seizures be reasonable, and warrants must specify the area to be searched or the person to be seized. Some exceptions allow warrantless searches under specific scenarios.
Step-by-step explanation:
Requirements for Search or Arrest Warrants
Law enforcement must meet certain requirements to obtain a search warrant or arrest warrant. The Fourth Amendment protects citizens from unreasonable searches and seizures, stipulating that warrants can only be issued upon probable cause. This legal standard requires that there is a reasonable belief that a crime has been committed or evidence will be found.
For a search warrant, officials must demonstrate to a judge or magistrate that there is probable cause to search a specific area or seize particular items. In certain situations, like when there is a risk of evidence being destroyed (exigent circumstances) or the evidence is in plain view, a warrant may not be needed. In the case of an arrest warrant, probable cause must show a reasonable likelihood that the individual in question has committed a crime.
Rulings since the 1960s have carved out exceptions, such as the warrantless search of a vehicle's passenger compartment, or searches at international borders. Moreover, in landmark cases like Riley v. California, the Supreme Court reaffirmed the necessity of warrants to search digital information on cell phones, highlighting the ongoing balance between privacy rights and law enforcement duties. Despite criticisms, the probable cause requirement remains a fundamental part of obtaining a search or arrest warrant.