CHAPTER 5 - SEARCH WARRANT PROCEDURES I. …

MAGISTRATE MANUAL SEARCH WARRANT PROCEDURES PAGE 5-1 Office of the Executive Secretary Department of Magistrate Services Rev: 7/18 CHAPTER 5 - SEARCH WARRANT PROCEDURES I. INTRODUCTION There are two types of searches. The first deals with the traditional SEARCH for purposes of obtaining evidence for use in a criminal trial. The second deals with administrative searches and concerns itself with inspections such as fire, hazardous materials, health, and safety matters. This CHAPTER discusses both types of searches. A. Criminal Searches A SEARCH , for Fourth Amendment purposes, involves a government intrusion upon a person s reasonable expectation of privacy or a physical intrusion on an individual s person, houses, papers, or effects for the purpose of obtaining information. United States v. Jones, 565 ___ 101259 (2012). Before the decision in Katz v. , 389 347 (1967) (adding the reasonable-expectation-of-privacy test to the common law trespassory test), the government intrusion had to be a physical intrusion in order to be regarded as a SEARCH .

Notwithstanding any other provision in this chapter to the contrary, no search warrant may be issued as a substitute for a witness subpoena. 5. Any person to be arrested for whom a warrant or process for arrest has been issued. Virginia Code § 19.2-54 states: No search warrant shall be issued until there is filed with the officer authorized to

Loading..

Tags:

  Issued, Warrant

Information

Related search queries