Unit 2 discussion responses

1.  When a search warrant is needed, the law enforcement must present the situation to a judge. The applicant must be able to display facts, have probable cause that the search will turn up evidence, and must be under direct testimony or an affidavit. If the judge sees the situation fit to provide a search warrant, law enforcement will need to provide a description of the location or person/object in question, hours and date of the procedure, as well as specify what exactly they are looking for, as it will all be displayed on the warrant. The more specific the warrant is, the more information law enforcement will have while executing their search and/or seizure. Police have to knock and announce their arrival and presence, unless the warrant issues is specifically a no knock warrant. After the initial announcement, police can enter the residence and being looking for the suspects or their illegal possessions. If someone in the household is not named on the warrent, it is safest to avoid searching them to avoid violating any of their rights. Sticking with what is specifically on the warrant is the safest and most legal way to go about things, while keeping the "plain sight" rule in mind as well. Once police locate the offender specified on the warrant, they should provide them with what the warrant states. When police take the offender into custody, they have to read them their Miranda Rights, to be sure the offender is aware of their rights and do not partake in anything that may further incriminate them. Once law enforcement has all persons in question in custody, the search can safely continue. While searching for all things listed on the search warrant, the police can also seize any illegal object that is in plain sight, as long as something is in plain sight, there is no violation of anyones rights when it is seized. When everything is collected, an inventory should be taken to document everything for future use. 

2. The process of applying for a search warrant is that law enforcement must give the situation and information to a jugde and only a jugde and magistrates may issue warrant from there. Some considerations for law enforcement to be succesfull in obtaining a search warrant is to show that it is reasonably likely that the search will turn up contraband or have evidence of crime. The applicant wanting the search warrant must also provide probable cause and facts. If the jugde then decides that there is reasonable and justified evidence then the search warrant will be given to go ahead with the search. They will also have to provide the location of the place that the search warrant is needed and the date of when it could take place. In fact, they will also have to include what they will be searching for . This will all be included in the search warrant and agan the more specific the search warrant is the better for law enforcement.   Normally, law enforcement officers executing a search warrant may not immediately force their way into a residence. Instead they must, first knock and announce their identity and intent. Then, they must wait a reasonable ammount of time to allow an occupant to open the door. Only after waiting the police may force entry. The knock and announce rule is one of the factors a court must consider in it's reasoableness test, as stated in Wilson v Arkansas. However, Police may disregard the knock and announce rule when only it is reasonable to do so. For instance, in Richards v Wisconsin the supreme court held that a no knock entry is justified when, under the cicrumstances, of knocking and announcing their presence would be dangerous or that it would inhibit the effective investigation of the crime. Once inside, the suspect will be in custody and the search begins of all the places and things listed in the search warrant only. In fact, Officers may only search in places where they might reasonably find the evidence. For instance, officers searching for a rifle may not look in a small jewelry box. Also, it is important to note officers executing a search warrant may detain anyone present during the search. Lastly, anything seized or illegal objects found that can indicate a crime should be put in a bag or container to further continue the investigation. 

3. A search warrant is an order approved by a court that authorizes law enforcement personnel to search a specific location for certain evidence. Police officers acquire search warrants by persuading a neutral and disinterested magistrate that they have probable cause to think that criminal conduct is taking place or that evidence of a crime may be discovered at the location to be searched. Typically, the police offer material to the judge or magistrate in the form of affidavits, or sworn declarations, in which they describe either their own observations or those of private persons or police informants. A warrant will be issued if the magistrate finds the affidavit provides probable cause to conduct a search. The suspect who may be linked to the warrant is not present when the affidavit is submitted to the judge, so he or she has no opportunity to question the assertion of probable cause. The judge is essentially relying on the police officer's integrity and the presumption that they have not misrepresented the facts or given misleading information. If the suspect is apprehended and charged with a crime, the warrant's legitimacy can be called into question Officers executing a search warrant can not enter someone's immediate home without first identifying themselves, identifying the suspect, and without stating their purpose. Officials can enter the home by showing the homeowner the warrant provided by the court. After that time, the officials can proceed with their search. If a police officer enters someone's home to be searched or uses a sniffer dog to find evidence without a warrant first, it is considered an illegal act and all evidence found could be removed. Once the police officer finds the specified offender and finds evidence to support everything provided in the warrant, the officer must let the suspect know that he or she has the right to a lawyer. In addition, officials can begin to analyze the evidence found without modifying any of them. Some evidence sometimes needs more than a single look. Many of them sometimes need forensic analysis, depending on the type of evidence found.

4. The process for a law enforcement officer to obtain a search warrant is simple but the requirements to actually get one can be tricky. The first part in applying for a search warrant is that the officer must have probable cause that some type of crime has taken place. An officer can not ask for a search warrant off of a gut feeling or suspicion. Once the officer has displayed his reasoning of probable cause, the judge or magistrate decides if the officer's probable cause is viable for a search warrant. The officer will write an affidavit claiming his or her probable cause. In the search warrant, it must include the location, time, name of suspect, as well as how the search will be taking place. The more specific s search warrant is, the better it is because it can eliminate any issues. One aspect of the search is the plain sight rule. If something that was found illegal and was in plain sight can be used against the person. However, if the item was hidden in a locked safe and was not inlcuded in the search warrant it may get thrown out as evidence. For example, if the search warrant says it is looking for drugs in the apartment and a gun is found during the search, there is a chance the suspect does not get charged for that. During a search, the police must announce they are there. However, in some cases, the search warrant is a no knock warrant which means the police do not have to make themselves known. These usually take place in more severe cases and drug busts. During the search whatever is found must be packed and carefully labeled as evidence for future use. Even if nothing in the search warrant is found at the location the suspect can not be charged for those crimes at that time. If the search is succesful, the suspect is taken in and should be read his or her Miranda RIghts. 

5. A search warrant is an order issued by the competent authority authorizing a police officer to search a specific place for evidence, even without the consent of the occupant. The Supreme Court held that searches conducted outside the judicial process, without prior approval, are prohibited under the Fourth Amendment, with some detailed exceptions the Supreme Court held that the order must be issued by a "neutral and distant" judge capable of determining whether there is a probable cause. To obtain a warrant, law enforcement officers must show probable cause to believe a search is warranted. The court held that an order that lacks precise information about what will be searched is inappropriate, and that a search carried out pursuant to that order is illegal and violates the Fourth Amendment.