Arrest And Search Warrant Essay

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Search and arrest warrants can be viewed as the exceptions to the fourth amendment rule. The fourth amendment states that ‘’ the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated’’ (LII / Legal Information Institute, 2016) The law further states that this can only be violated upon presentation of probable cause. It is for this reason that arrest and search warrants are specific in their structure, manner of obtaining them and most importantly language. This is to ensure that a citizen’s constitutional right is not violated in any way.
Search warrants and arrest warrants are somehow different but give almost the same kinds of authorities. A search …show more content…

In the case of an arrest warrant the officer just needs to illustrate to the magistrate or judge that the person may have committed the crime. In the case of a search warrant the police must illustrate that the items that will be seized are at the location that is to be searched and that the items in question are connected to the criminal activity. The reason that a search warrant is specific in terms of probable cause is so that the fourth amendment rights are not violated in any way. Whereas an arrest warrant is for a particular person, a search warrant applies to a person’s home, business or any other location. For this reason the police have to be sure that what they are looking to seize is on the grounds. Otherwise they will have violated the person’s fourth amendment right and as such they would be in violation of the law. These laws have been put in place to protect the citizenry and not to harm them in any way, for this reason, there is need for a fair amount of certainty before a location is searched. This ties into the particularity requirement. The police have to be absolutely sure that the search will yield the desired

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