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The Three Arrest Warrant Requirements

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Previous decisions regarding warrantless entries to make felony arrests had left undecided the issues that arise when police enter the home of a person other than the one to be arrested. In the Steagald case, agents of the Drug Enforcement Agency had an arrest warrant for a Federal fugitive, Ricky Lyons. Probable cause existed to believe that Lyons could be found in a residence occupied by Steagald

The agents made an armed entry, eventually seized 43 pounds of cocaine, and produced a conviction of Steagald for its possession. Lyons was not found. The Supreme Court held that an arrest warrant was not sufficient for entering a third party's residence and that a search warrant was required.

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First off people must ask the simplest of questions. What are search warrants? Well, it is said search warrants are "A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location at a specified time. For example, a warrant may authorize the search of "the premises at 11359 Happy Glade Avenue between the hours of 8 a.m. to 6 p.m." and direct the police to search for and seize 'cash, betting slips, record books, and every other means used in connection with placing bets on horses'" (Bergman, & Berman, 2010). This means that search warrants are something signed by a judge that gives police the right to search for specific objects or materials in a location that is defined by the specific time. Another definition is "An official order authorizing a search of someone's home or other location. The controlling principles governing search warrants are generally provided by the U.S. Constitution's Fourth Amendment. The procedure for obtaining a search warrant involves an ex parte presentation to the magistrate of an affidavit by the law enforcement officer seeking the warrant and requesting the magistrate to issue the warrant based on 'the probability, and not a prima facie showing, of criminal activity'

This also speaks of the same thing as the other definition but speaks of how it gives an official the right to search someone's home or other location such as another home or even a car. That this is provided under the Fourth Amendment of unreasonable searches because without this an officer would not need a warrant and could come into the home anytime and takes whatever they please without the person saying otherwise. Also to explain is how an officer or official gets a search warrant and this is such as: "Police officers obtain search warrants by convincing a judge or magistrate that they have "probable cause" to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.

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In a word, Iif you have exculpatory information or information discrediting any of your sources of facts, consult with the prosecutor about whether to include it in the affidavit

Facts included in an affidavit must be attributed to their source. The court must determine the credibility of the information, and cannot do so without knowing from where it came. If using informants, names can be withheld, but information about their credibility and the basis of their knowledge is important. Also, if you are “cutting and pasting” from other reports, proofread carefully to smooth out transitions and to remove repetitive or sensitive information.

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