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Search Warrants and Probable Cause

When determining whether the actual search violates the Fourth Amendment , courts will use a reasonableness test. Warrantless police conduct may comply with the Fourth Amendment, provided that the conduct is reasonable under the circumstances.

How to Analyze Exceptions to the Search Warrant Requirement on a Criminal Procedure Essay

In Maryland v. Garrison , U. Howevere, there were two apartments on the third floor. As such, the search of both apartments was considered reasonable. Hayden , US. United States , U.

Gant, U. Summers , U. Normally, law enforcement officers executing a search warrant may not immediately force their way into a residence.

Getting Legal Help

Only after waiting may the police force entry. Arkansas , U.

  • when is a warrantless search justified;
  • illinois department of corrections criminal records.
  • Criminal Rights?

Wisconsin , U. Grubbs , U. In practice, the special circumstances exception applies most frequently in drug cases.

"Search Warrants" in Nevada Laws

Although the rules regarding hearsay are complicated, hearsay is generally not admissible as evidence in a criminal trial because the party against whom the statement is offered does not have the opportunity to cross-examine the declarant the person who made the statement. Before a judge or magistrate may issue a search warrant, there must be a finding of probable cause. The level of evidence required to demonstrate probable cause is greater than "mere suspicion," but is less than the level required for a criminal conviction beyond a reasonable doubt.

The facts must demonstrate that a reasonable person would believe that the location, which is the subject of the warrant contains evidence of a crime, the instrumentalities of a crime e. See Carroll v.

United States , U. Probable cause may be demonstrated by live, sworn testimony or by affidavit.