MAGISTRATE MANUAL - SEARCH WARRANT PROCEDURES - …

MAGISTRATE MANUAL SEARCH WARRANT PROCEDURES PAGE 5-1 Office of the Executive Secretary Department of MAGISTRATE Services Rev: 7/21 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. II. 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 .

such warrant and shall by such clerks be preserved as a record and shall at all times be subject to inspection by the public after the warrant that is the subject of the affidavit has been executed or 15 days after issuance of the warrant, whichever is earlier; however, such affidavit, any warrant issued pursuant thereto, any return made

Tags:

  Search, Issued, Warrant, Search warrant, Warrant issued

Information

Related search queries