How do the police obtain a search warrant?

[juthem]

New Jersey

 

[Ladyback1]

New Jersey

usually the police and the prosecutor/district attorney submit their request to a judge, and the judge can issue a warrant based on the information in the request.

 

[FlyingRon]

They write an affidavit showing what they have that is probable cause for the warrant to be issued. That gets taken to a judge and he will sign off on it if he agrees.

 

[Just Blue]

New Jersey

When you post yet again...DO NOT use the preview...it will "eat" your post. And as you have two threads going ..Pick ONE.

Thanks!!
Blue

 

[quincy]

When you post yet again...DO NOT use the preview...it will "eat" your post. And as you have two threads going ..Pick ONE.

Thanks!!
Blue

I believe that when a post is previewed prior to submitting it, the "What is the name of your state? (U.S. Law only)" remains and the poster's text (including the addition of the state name) is deleted.

Therefore, I am thinking that juthem may just be a man of few words.

 

[Just Blue]

I believe that when a post is previewed prior to submitting it, the "What is the name of your state? (U.S. Law only)" remains and the poster's text (including the addition of the state name) is deleted.

Therefore, I am thinking that juthem may just be a man of few words.

Perhaps...Or OP is just highlighting the portion he wants to preview...And that is what is deleted.

ETA: Or OP is a man of few words!!

 

[cbg]

Since the OP has asked this same question on several other board, perhaps he's got his answer.

Then again, perhaps not.

 

[Just Blue]

Since the OP has asked this same question on several other board, perhaps he's got his answer.

Then again, perhaps not.

Can you post a link to another site so we can actually SEE the question? Would you mind>?

 

[cbg]

If he'd posted anything on any other board beyond what he'd posted here, I would. However, he appears to believe that the question in the subject heading is sufficient.

 

[Just Blue]

If he'd posted anything on any other board beyond what he'd posted here, I would. However, he appears to believe that the question in the subject heading is sufficient.

Oh. Well OP has his/her answer based onthe info then!!

Thanks Cbg!!

 

[joelsilberman]

The police acquire court orders by persuading a judge that they have "reasonable justification" to accept criminal action is happening at the spot they need to inquiry or that confirmation of a wrongdoing may be found at the area. Typically, the police furnish the judge with the data they need to depend on as composed proclamations under vow that are alluded to as "affirmations." These testimonies may incorporate the cop perceptions, those of a private subject or those of a classified source. On the off chance that the judge accepts the data introduced is trust commendable and shows "reasonable justification" the judge will issue a warrant

 

[Paul D. Petrus]

A court order is a request marked by a judge that permits the police to look in a particular spot for a particular thing at a particular time. So as to get a court order, the police must influence a judge that they have "reasonable justification" to accept they will discover proof of criminal action in the spot to be looked. Cops do this through a testimony, which is an oral or composed articulation made under promise. In the testimony, they recognize the spot to be sought, the reason it is to be looked, and the things that are to be seized. On the off chance that a judge accepts that a cop has showed "reasonable justification" that he will discover the things, the judge will issue the court order. On the off chance that the judge does not accept that "reasonable justification" exists he won't issue the warrant

 

[quincy]

From Black's Law Dictionary:

A search warrant is an order, in writing, issued by a justice or other magistrate, in the name of the state, directed to a sheriff, constable, or other officer, authorizing him to search for and seize any property that constitutes evidence of the commission of a crime, contraband, the fruits of crime, or things otherwise criminally possessed; or, property designed or intended for use or which is or has been used as the means of committing a crime. A warrant may be issued upon an affidavit or sworn oral testimony. Fed.R.Crim.P. 41; 18 USCA §3101 et seq.

The Fourth Amendment to U.S. Constitution provides that "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." See also Anticipatory search warrant; Blanket search warrant; Exclusionary Rule; Exigent circumstances; Probable cause; Search.

General search warrant. A "general warrant" for search is one which fails to sufficiently specify place or person to be searched or things to be seized and is illegal (under Fourth Amendment) as authorizing random or blanket search in discretion of police. Frey v State, 3 Md.App. 38, 237 A.2d 774, 779, 780.

Search without warrant. A search without a warrant but incidental to an arrest is permitted if it does not extend beyond the person of the accused and the area into which the accused might reach in order to grab a weapon or other evidentiary items. Chimel v California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685. See also Search incident to arrest; Stop and frisk.