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单词 search warrant
释义

search warrant


search warrant

n. A legal order allowing a law enforcement officer to search certain premises for evidence of a crime.

search warrant

n (Law) a written order issued by a justice of the peace authorizing a constable or other officer to enter and search premises for stolen goods, drugs, etc

search′ war`rant


n. a court order authorizing police to search a premises for stolen goods, narcotics, etc. [1730–40]
Thesaurus
Noun1.search warrant - a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court; the warrant describes the locations where the officials may searchwarrant - a writ from a court commanding police to perform specified actslaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Translations
搜查证

search

(səːtʃ) verb1. (often with for) to look for something by careful examination. Have you searched through your pockets thoroughly?; I've been searching for that book for weeks. 仔細搜尋 细查2. (of the police etc) to examine, looking for eg stolen goods. He was taken to the police station, searched and questioned. 搜查 搜查 noun an act of searching. His search did not take long. 搜尋(查) 搜查ˈsearcher noun 搜查者 搜查者ˈsearching adjective trying to find out the truth by careful examination. He gave me a searching look. (目光)銳利的 (目光)锐利的 ˈsearchingly adverb 用銳利的目光端詳地 彻底地ˈsearchlight noun a strong light with a beam that can be turned in any direction, used eg to see enemy aeroplanes in the sky. 探照燈 探照灯search party a group of people looking for a missing person. When the climbers failed to return, a search party was sent out. 搜索隊 搜索救援队search warrant a warrant giving legal permission to the police to search a house etc. 搜索票 搜查证in search of searching for. We went in search of a restaurant. 尋找 寻找

search warrant


search warrant,

in law, written order by an official of a court authorizing an officer to search in a specified place for specified objects and to seize them if found. The objects sought may be stolen goods or physical evidences of the commission of crime (e.g., narcotics). The Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures, provides, in effect, that a search warrant may be issued only on oath or affirmation that a crime was probably committed. In Mapp v. OhioMapp v. Ohio,
case decided in 1961 by the U.S. Supreme Court. Dollree Mapp was convicted in a state court of possessing pornographic material in violation of Ohio law. Her conviction was obtained on the basis of evidence taken by the police when they entered (1957) her
..... Click the link for more information.
 (1961) the U.S. Supreme Court mandated states to exclude from trial evidence obtained in illegal searches, such as those without a proper warrant. This "exclusionary rule" has been the subject of great controversy and subsequent litigation. In recent years, the Supreme Court has narrowed the scope of the rule, in many circumstances permitting the introduction of any evidence gathered in "good faith." Courts have ruled that wiretaps, use of a thermal-imaging device to examine a private home from a public street, and tracking a person's movements with a global positioning system device constitute searches that require warrants. Warrants are not required for the gathering of evidence in some circumstances. These exceptions include evidence gathered after a lawful arrest, inspections by customs or border officials, searches made with the suspect's consent, searches of items in plain view, and searches of the belongings of secondary students on school property.

search warrant

a written order issued by a justice of the peace authorizing a constable or other officer to enter and search premises for stolen goods, drugs, etc.
MedicalSeesearch

search warrant


Search Warrant

A court order authorizing the examination of a place for the purpose of discovering contraband, stolen property, or evidence of guilt to be used in the prosecution of a criminal action.

A search warrant is a judicial document that authorizes police officers to search a person or place to obtain evidence for presentation in criminal prosecutions. Police officers obtain search warrants by submitting affidavits and other evidence to a judge or magistrate to establish Probable Cause to believe that a search will yield evidence related to a crime. If satisfied that the officers have established probable cause, the judge or magistrate will issue the warrant.

The Fourth Amendment to the U.S. Constitution states that persons have a right to be free from unreasonable searches and seizures and that "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." State constitutions contain similar provisions.

The U.S. Supreme Court has not interpreted the Fourth Amendment to mean that police must always obtain a search warrant before conducting a search. Rather, the Supreme Court holds that a search warrant is required for a search unless it fits into a recognized exception.

The exceptions to the search warrant requirement are numerous. One common exception is the search of a person incident to a lawful arrest. The Supreme Court held in Chimel v. California, 395 U.S. 752, 89 S. Ct. 2034, 23 L. Ed. 2d 685 (1969), that an officer may search the arrestee as well as those areas in the arrestee's immediate physical surroundings that may be deemed to be under the arrestee's control. Other exceptions to the warrant requirement include situations in which an officer is in Hot Pursuit of a person, in which an emergency exists, and in which the item to be searched is mobile, such as an automobile. Similarly, searches at public way checkpoints, airports, and international borders may be conducted without first obtaining a search warrant.

To obtain a search warrant, an officer must personally appear before, or speak directly with, a judge or magistrate. The officer must present information that establishes probable cause to believe that a search would yield evidence related to a crime. Probable cause exists when an officer has either personal knowledge or trustworthy Hearsay from an informant or witness. The officer must fill out an Affidavit stating with particularity the person to be seized and searched, the area to be searched, and the objects sought. The warrant need not specify the manner in which the search will be executed.

The officer must sign the affidavit containing the supporting information establishing the grounds for the warrant. By signing the affidavit, the officer swears that the statements in the affidavit are true to the best of his or her knowledge. A police officer who lies when obtaining a warrant may be held personally liable to the searched person. According to the Supreme Court's ruling in Anderson v. Creighton, 483 U.S. 635, 107 S. Ct. 3034, 97 L. Ed. 2d 523 (1987), however, a police officer is not personally liable for a wrongful search if a reasonable officer could have believed that the warrantless search would be lawful in light of clearly established law and the information the officer possessed at the time.

Following the September 11th Attacks in 2001, the United States government sought to expand the means by which law enforcement personnel could investigate potential terrorist activities. The USA PATRIOT Act of 2001, Pub. L. No. 107-56, 115 Stat. 272, created and expanded a number of exceptions to the traditional search warrant requirements. Although a person subject to a search warrant is ordinarily entitled to notice that the warrant was issued, the USA PATRIOT Act allows magistrates to issue socalled "sneak and peak" warrants, which do not require police to notify the person subject to the search. Moreover, the act expanded the abilities of officers to install "roving" wiretaps of telephones and other communications devices used by individual suspects without naming the specific telephone carrier in the warrant. The act also expanded police officers' abilities to search stored E-Mail and voicemail messages.

Although the provisions of the USA PATRIOT Act are purportedly designed to enhance the ability of law enforcement agencies to prevent terrorist activities against the United States, many of these provisions can be applied to U.S. citizens who are not engaged in such activities. Several commentators and organizations, such as the American Civil Liberties Union, have criticized the act because of its detrimental impact on civil liberties. Supporters of the act counter that the attacks on September 11, 2001, could have been prevented if law enforcement had available to them some of the tools provided under the new law.

Further readings

Bloom, Robert M. 2003. Searches, Seizures, and Warrants: A Reference Guide to the United States Constitution. Westport, Conn.: Praeger.

Guidelines for the Issuance of Search Warrants. 1990. Chicago: American Bar Association, Criminal Justice Section.

Pitowsky, Robert A. 2002. "An Overview of the Law of Electronic Surveillance Post September 11, 2001." Law Library Journal (fall).

Rotenberg, Marc. 2002. "Privacy and Secrecy after September 11." Minnesota Law Review (June).

Cross-references

Automobile Searches; Search and Seizure.

search warrant

n. a written order by a judge which permits a law enforcement officer to search a specific place (eg. 112 Magnolia Avenue, Apartment 3, or a 1991 Pontiac, Texas License number 123ABC) and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence of bodily harm"). Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer (including a prosecutor). The 4th Amendment to the Constitution specifies: "...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." The 14th Amendment applies the rule to the states. Evidence unconstitutionally seized cannot be used in court, nor can evidence traced through such illegal evidence. (See: search, search and seizure, probable cause, fruit of the poisonous tree)

search warrant

a written order issued by a judicial authority authorizing a constable or other officer to enter and search premises.

SEARCH WARRANT, crim. law, practice. A warrant (q.v.) requiring the officer to whom it is addressed, to search a house or other place therein specified, for property therein alleged to have been stolen; and if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully authorized officer. It should be given under the hand and seal of the justice, and dated.
2. The constitution of the United States, amendments, art. 4, declares that "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 person or things to be seized."
3. Lord Hale, 2 P. C. 149, 150, recommends great caution in granting such warrants. 1. That they be, not granted without oath made before a justice of a felony committed, and that the complainant has probable cause to suspect they are in such a house or place, and his reasons for such suspicion. 2. That such warrants express that the search shall be made in day time. 3. That they ought to be directed to a constable or other proper officer, and not to a private person. 4. A search warrant ought to command the officer to bring the stolen goods and the person in whose custody they are, before some justice of the peace. Vide 1 Chit. Cr. Law, 57, 64; 4 Inst. 176; Hawk. B. 2, c. 13, s. 17, n. 6; 11 St. Tr; 321; 2 Wils. 149, 291; Burn's Just. h.t.; Williams' Just. h.t.

search warrant


  • noun

Words related to search warrant

noun a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court

Related Words

  • warrant
  • law
  • jurisprudence
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更新时间:2024/12/23 1:17:09