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Why does the Fourth Amendment require that warrants be signed and issued by a magistrate or judge rather than a police officer

User Jessie Lesbian
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2 Answers

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Answer:

The Fourth Amendment has been held to mean that a search or an arrest generally requires a judicially sanctioned warrant, because the basic rule under the Fourth Amendment is that arrests and "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable".
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. It also sets requirements for issuing warrants… warrants must be issued by a judge or magistrate, must be justified by probable cause, supported by oath or affirmation, and must describe the place(s) to be searched and the persons or things to be seized.
The fourth amendment requires all law enforcement in the United States to have probable articulable cause and knowledge of the law and who would applies to an under what circumstance before they do anything.

The fourth amendment is the right not to be searched or have anything seized and not be stopped randomly without that cause. The words used are secure in your person papers and effects (paraphrased).

Example Time -

A random police officer stops you while you're walking down the street and asks you for ID and they say because I said so. That violates the fourth amendment, because you don't have to give them your information unless they can prove at the time that you have committed will commit or are committing a crime which would give them the grounds to stop you and have a crime you must have a victim and the state cannot be the victim because that would make them party to the case, which would be a conflict of interest.

They cannot search without a warrant for which they must provide evidence one is needed often called probable cause.

They cannot take your personal property without a warrant - see above.

Or further information read “the myth of police protection", and 18 USC subsection 242

Step-by-step explanation:

User Yann Pellegrini
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The Fourth Amendment has been held to mean that a search or an arrest generally requires a judicially sanctioned warrant, because the basic rule under the Fourth Amendment is that arrests and "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable".
User Stefano Ortisi
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