SPEA-J - Public And Environmental Affairs SPEA-J 302 Chapter Notes - Chapter 4: Plain View Doctrine, Exigent Circumstance, Special Circumstances

• School: IUPUI
• Department: SPEA-J - Public And Environmental Affairs
• Course: SPEA-J - Public And Environmental Affairs SPEA-J 302
• Professor: D A N M.T S A T A R O S

Document Summary

Generally, a search warrant is required for any type of search, regardless of where it is conducted, provided that: there is not exigent (emergency) circumstances. The search is not one justified on administrative/special needs grounds. Must be issued by a neutral & detached magistrate. Johnson v. us 1948 warrants have to be issued by a neutral and detached magistrate rather than being judged by an engaged officer. A state attorney generally cannot issue a search warrant. State attorneys are inclined to side with law enforcement coolidge v. new hampshire 1971. The president, acting through the atty general of the us, can"t authorize electronic surveillance w/o judicial approval us v. us district court. The magistrate cannot accompany officers doing a search. Additionally, they aren"t considered neutral & detached if they have a financial interest in the issuance of warrants. The meaning varies depending on whether it"s issued for an arrest or a search.