Monday, April 7, 2014

Search Warrant

Search warrants are very good ways to avoid having your discoveries tossed out of court.  Whenever possible, wait before you search and try to get a warrant.  Even a search incident to arrest, or consensual search is not as good as a search warrant.

Searches are presumed to be reasonable if they are supported by a search warrant.  A search warrant search is difficult for the defendant to challenge in court, because they are presumed reasonable.  Since a judge has already reviewed the need and basis for the search and then issued a warrant it is unlikely a judge will say the search was unreasonable.

Qualified immunity will usually apply if a search is done with a search warrant, since the search was reviewed by a supervisor and judge prior to the search.  Search warrants allow officers to detain people during a search.  They allow arrests based on the information learned during the search.  Informants can be kept confidential.  Use a search warrant whenever you can; that's what the SGT Says.

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