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What does the government need to issue a warrant

2 Answers

5 votes

Answer:

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

A search warrant is a legal authorization from the court for police to search a specific location (or locations) for specific evidence. A search warrant overrides your right to be free from unreasonable searches and seizures. The search warrant makes the search reasonable. Police who ask for a search warrant must persuade the judge that a crime has been committed and evidence relevant to that crime is likely to be found in the location(s) listed on the search warrant.

Step-by-step explanation:

A warrant is a legal document that is issued by a judge or grand jury. The warrant authorizes law enforcement to engage in some activity that would otherwise violate your Constitutional rights. An arrest warrant authorizes police to detain you and keep you in custody for a period of time. A search warrant authorizes police to search a specific location for specific evidence. Police do not always have to have a warrant to place you under arrest or search you.

Police are generally required to used search warrants within 10 days of the date they are issued. Unless exigent circumstances exist, a search warrant must be executed between 7am and 10pm. If police reasonably believe and can show that evidence may be destroyed or a suspect may try to run a judge may authorize a search warrant to be executed at night.

User Niels Bech Nielsen
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5 votes

Answer:

A search warrant is a warrant issued by the competent authority authorizing a police officer to search a specified place for evidence even without the occupant’s consent.

To obtain a warrant, law enforcement officers must show that there is probable cause to believe a search is justified. Officers must support this showing with sworn statements (affidavits), and must describe in particularity the place they will search and the items they will seize.

Hope this helps!

User Steve Byrnes
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