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Search Warrants and Probable Cause Essay
2101 WordsAug 24th, 20139 Pages
Search Warrants and Probable Cause Training
Search Warrants and Probable Cause Training
Welcome to the Federal Agent/Law enforcement combined in-service training. Over the next two weeks we will be spending time with our fellow agents as well as local officers in this refresher course. The federal agency takes pride in making sure that their agents are top notch in training and being properly informed on laws and expectations.
Search warrants and the Fourth Amendment
Let’s start with what a search warrant is and how we can obtain one. A search warrant is a legal order that is signed by a judge or magistrate to give police officers the authorization to search a person or place for evidence. Search warrants allow you to search at a…show more content…
According to Rutledge (2010), in a 1949 opinion, the court said this about probable cause, "The rule of probable cause is a practical, nontechnical conception. In dealing with probable cause, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Probable cause exists where the facts and circumstances within the officers' knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed." (Brinegar v. U.S.).
(Police Magazine, (2010) ¶ 5).
Probable cause must be supported by factual evidence, not just speculation. Some sources of probable cause are strong enough to stand alone, where others need supplemented by other sources.
Types of warrantless searches
There are many types or reasons for a warrantless, which is when there is no need for a search warrant or even no probable cause. These types of searches have become the most common in law enforcement. The decision based on warrantless searches is based on the court’s decision and the logic that there was criminal suspicion to warrant the search. Many everyday searches that are warrantless, which we need to be familiar with, are at airports, government buildings,