- A search warrant is a tool of the American criminal justice system that forces police to go through the courts before searching and seizing any property of suspected criminals. Unlawful search and seizure without a warrant violates the Fourth Amendment of the U.S. Constitution.
- The Fourth Amendment specifically states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." This provides clear and specific privacy protections to suspected criminals.
- Police can only search the people and places listed on the warrant. For example, if the police were looking for a large ax, they would not be able to search through small desk drawers. Exceptions to this are items in plain view when the police are rightfully searching places listed on the warrant.
- Similarly, police may only seize items listed on the warrant. When the police obtain a warrant, they are required to outline in very specific detail what they are searching and seizing. It limits the police in what they can take to what is specifically spelled out on the warrant. The evidence seized must relate to the crime and what the warrant outlines.
- If a person being searched voluntarily allows the police to search and seize an item, the police can do so without a warrant. Similarly, if police pull over someone for a violation of traffic law and notice illegal drugs in plain view, the police are free to search a car without a warrant for other illegal items.
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