Search Warrant
Search Warrant, in criminal law, order of a court, usually of a magistrate, issued to an officer of the law authorizing a search of the premises named in the warrant for stolen articles, property possessed in violation of the law, or the instruments or evidence of a crime. The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property; by modern law, their use has been extended to a variety of items, including intoxicating liquors, gambling implements, counterfeiters’ tools, burglars’ tools, smuggled goods, obscene literature, narcotics, illegal firearms, and, in general, any article the possession of which is a crime or which may be used in evidence.
Search Warrant in the United States
Under the 4th Amendment of the U.S. Constitution a search warrant can be issued only on oath of a complainant showing probable cause for its issuance. The warrant must specify definitely the place in which the search is to be made and the property to be seized. An officer who, in executing the warrant, does not comply with or exceeds its terms is liable civilly for all acts not authorized by it; an action to recover damages may be instituted against the officer for trespass or assault, or both. In addition, items seized under an illegally issued or executed warrant may not be used in evidence in a criminal trial. See more here.
See Also
Goals of Criminology
Theories of Criminal Opportunity
Criminology
Inquisitorial Legal System
Introduction to Search Warrant
Search Warrant, in criminal law, order of a court, usually of a magistrate, issued to an officer of the law authorizing a search of the premises named in the warrant for stolen articles, property possessed in violation of the law, or the instruments or evidence of a crime. The warrant authorizes the officer to seize particularly described items and to bring them before the court that issued the warrant. In common law, search warrants were used mainly to discover stolen property; by modern law, their use has been extended to a variety of items, including intoxicating liquors, gambling implements, counterfeiters’ tools, burglars’ tools, smuggled goods, obscene literature, narcotics, illegal firearms, and, in general, any article the possession of which is a crime or which may be used in evidence.
Under the 4th Amendment of the U.S. Constitution a search warrant can be issued only on oath of a complainant showing probable cause for its issuance. The warrant must specify definitely the place in which the search is to be made and the property to be seized. An officer who, in executing the warrant, does not comply with or exceeds its terms is liable civilly for all acts not authorized by it; an action to recover damages may be instituted against the officer for trespass or assault, or both. In addition, items seized under an illegally issued or executed warrant may not be used in evidence in a criminal trial.” (1)
Resources
Notes and References
- Information about Search Warrant in the Encarta Online Encyclopedia
Leave a Reply