POLS 354 Lecture Notes - Lecture 6: Exigent Circumstance, Fourth Amendment To The United States Constitution
Document Summary
4th amendment - no warrants shall issue but upon probable cause supported by oath on affirmation and particularly describing the place to be searched and the person or things to be seized . Warrant - a judicial order, issued by a judge or magistrate (a lower level judge) When permission granted to search, it was to be authorized by a neutral, objective party. Upon probable cause - reason to believe that something to be seized exists somewhere in that particular place. Oath on affirmation - cops must present evidence under oath (illegal to lie to a judge) Restricted to searching only the place on the warrant. Has to be really specific about the things/persons mentioned in the warrant. Cant search in a kitchen cabinet for a television set. The search warrant has to be executed in an orderly fashion, a reasonable way. Knock and announce rule - have to knock and wait for the person to come to the door.
