234k views
5 votes
Regardless of the area or persons to be searched, a few general rules must be followed during the execution of a search warrant. Which of the following is not one of those rules?

User Gaganshera
by
7.9k points

1 Answer

2 votes

Final answer:

The general rule that is not required during the execution of a search warrant is obtaining consent from the owner or renter, as the warrant provides the authority for the search. Exceptions where a search warrant is not needed include exigent circumstances and plain view situations. The exclusionary rule generally prevents illegally obtained evidence from being admissible in court.

Step-by-step explanation:

A search warrant is a legal document that allows police to carry out a search of a specific area or person. To execute a search warrant, there are general rules that must be followed, such as the warrant being based on probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the items to be seized. This is enshrined in the Fourth Amendment of the U.S. Constitution, which provides protection against unreasonable searches and seizures.

One of the general rules that is not required during the execution of a search warrant is obtaining consent from the owner or renter, as the warrant itself provides the necessary legal authority. Additionally, there are exceptions where a search warrant is not needed, such as in situations of exigent circumstances, where there is an immediate threat of evidence being destroyed, or when items are in plain view. The exclusionary rule is applied when evidence is obtained illegally, which generally means it cannot be used in court; however, there are exceptions like the good faith exception and inevitable discovery.

User Ahmed Besbes
by
7.8k points