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Simple English definitions for legal terms

search warrant

Read a random definition: Law Society of Scotland

A quick definition of search warrant:

A search warrant is a special paper signed by a judge that allows police officers to search a person, a place, or a car for evidence of a crime. This paper is important because it protects people's privacy from being invaded by the government without a good reason. To get a search warrant, the police officer must have a good reason to believe that they will find evidence of a crime in the place they want to search. The warrant must also say exactly where they can search and what they can look for. If the police find evidence that was not listed on the warrant, they cannot use it in court. There are some exceptions to the rule that police need a warrant to search, like if they see something illegal in plain sight or if they think someone is in danger.

A more thorough explanation:

A search warrant is a legal document signed by a judge or magistrate that allows law enforcement officers to search a specific person, place, or vehicle for evidence of a crime. The warrant is required to protect individuals' privacy rights against unreasonable government intrusion, as guaranteed by the Fourth Amendment of the U.S. Constitution.

For a search warrant to be valid, it must meet certain requirements:

  • Probable cause: The officer must have reasonable information to support the possibility that evidence of a crime will be found.
  • Particularity: The warrant must describe the place to be searched with specificity.
  • Signed by a neutral and detached magistrate or judge: The warrant must be signed by an impartial judge or magistrate.

When executing a search warrant, officers must follow certain rules:

  • Object: The warrant must be executed by government officers, not private citizens.
  • Timing: The warrant must be executed in a timely manner to prevent the loss of probable cause.
  • Manner: Officers must follow the knock-and-announce rule, which requires them to announce their authority and purpose before entering a premises and wait a reasonable amount of time before using force to enter.
  • Extent: Officers may only search the places and individuals listed on the warrant.

There are certain exceptions to the warrant requirement:

Example 1: A police officer obtains a search warrant to search a suspect's home for drugs. The warrant is signed by a judge and describes the specific areas of the home that may be searched. The officer executes the warrant and finds drugs in the suspect's bedroom. The evidence is admissible in court because the search was conducted with a valid warrant.

Example 2: An officer pulls over a car for a traffic violation and sees a gun on the passenger seat. The officer seizes the gun without a warrant because it was in plain view and the officer had a lawful reason to be on the premises.

Example 3: A fire department enters a home to put out a fire and sees drugs on the kitchen counter. The fire department calls the police, who seize the drugs without a warrant because the exigent circumstances of the fire allowed for immediate action to secure the premises.

These examples illustrate how search warrants are used to protect individuals' privacy rights while allowing law enforcement to gather evidence of criminal activity.

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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