Explanation:
Once the Fourth Amendment applies to a particular search or seizure, the next question is under what circumstances a warrant is required to be issued. The U.S. Supreme Court has ruled that the U.S. Constitution expresses a preference for searches, seizures, and arrests conducted pursuant to a lawfully executed warrant.
A warrant is a written order signed by a court authorizing a law-enforcement officer to conduct a search, seizure, or arrest. Searches, seizures, and arrests performed without a valid warrant are deemed presumptively invalid, and any evidence seized without a warrant will be suppressed unless a court finds that the search was reasonable under the circumstances.
Read on to find out about the Fourth Amendment warrant requirement and how it could apply to you.
Requirements for a Valid Search Warrant
An application for a warrant must be supported by a sworn, detailed statement made by a law enforcement officer appearing before a neutral judge or magistrate. The U.S. Supreme Court has said that probable cause exists when the facts and circumstances within the police officer's knowledge provide a reasonably trustworthy basis for a person of reasonable caution to believe that a criminal offense has been committed or is about to take place (see Carroll v. United States).
Establishing Probable Cause
Probable cause can be established by out-of-court statements made by reliable police informants, even though those statements cannot be tested by the magistrate. However, probable cause will not lie where the only evidence of criminal activity is an officer's affirmation of suspicion or belief (see Aguilar v. Texas). On the other hand, an officer's subjective reason for making an arrest doesn't need to be the same criminal offense for which the facts indicate. (Devenpeck v. Alford).
An Officer's Oath
Probable cause will not lie unless the facts supporting the warrant are sworn by the officer as true to the best of their knowledge. The officer's oath can be written or oral, but the officer must typically swear that no knowing or intentionally false statement has been submitted in support of the warrant and that no statement has been made in reckless disregard of the truth. It's important to note, however, that inaccuracies due to an officer's negligence or innocent omission won't typically jeopardize a warrant's validity.
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