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¶ … arrest warrant and a search warrant.
An arrest warrant pertains to the arrest and detention of a particular person based on what crimes the person has allegedly committed. Evidence is necessary to procure a search warrant. However, once it is procured, the person can be arrested when found and whatever property they have on their person and the car they are driving in would be subject to impound and/or retention.
A search warrant pertains to the search and review of a certain area such as a house, car or other area. Such a search warrant is usually constrained to certain types of evidence such as blood evidence, hair/fiber evidence, video/CD/electronic media evidence and others or a combination thereof. It really depends on the nature of the crime and the evidence that is deemed both appropriate to collect and/or how it would theoretically pertain to the case if recovered.
What are the three...
For an arrest warrant, the person being arrested would be identified along with any known or potential aliases that the authorities are aware of. Pertinent information such as where the person lives, where they might be located and the car(s) they own or drive would probably be listed for reference/tracking purposes. For a search warrant, the area to be searched including the address would be the basic information.
The second thing that should be included is the statutory grounds that justifies the search taking place in the first place. Third, and finally, there would be a description of what/who is to be search and who/what is to be seized. How this would manifest would depend on the crime, the…
That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's home, located at 678 Oak Street, Collingswood. That based upon the above, I believe there exists probable cause to believe there are
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation
Arrests An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is
This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to