LSTD400

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A search warrant is need by law enforcement so no Fourth Amendment rights are violated. This gives the law enforcement officer the permission to search a person’s home, vehicle, and business without the owner’s agreement. A search warrant is needed for any lawful arrest to any occupant or recent occupant of a property. The goal for obtaining a search warrant is to prevent any occupant from obtaining weapons or destroying significant evidence that might be contained with a location that the occupant is being arrested. Once the occupant has been arrested and the law enforcement officer suspects there may be evidence within the location, they have the right to do a search of the vehicle, compartments, and the area where the occupant just departed. 
Law enforcement’s reason for searches is for law enforcement safety, to prevent escape, and to preserve evidence. Law enforcement needs to do an affidavit to the court to get a proper search warrant. The affidavit must include evidence to support the need to being asserted in the location were a search is required to obtain items that would be beneficial to a case. This has to be done in a timely manner so any of the information found does not become stale. 
One exception to search warrants if the basic consent from an occupant. The occupant agrees to let an officer search their property. Next you can have an exigent circumstance, this is when a search is permitted bases on probable cause. Probable cause for a search warrant requires a specific item that can be seized and to acquire more evidence for a crime to support the charges that are being issued. Lastly any arrest can promote a search for any evidence that is in plain view of the location were the occupant was removed from. 
Reference:
AMU 2018. LSTD 400. Lesson 3: Searches for Evidence, Special Needs Searches and Self-Incrimination. Retrieved from https://apus.realizeithome.com/

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