Mirror of Justice - All about Law and More
*Home>>>Constitutional Law

SEARCH WARRANT question plz 10 pts help!!!?


Which one of the following search warrants issued to the police would most likely be upheld as constitutional under the fourth amendment?

1. A search warrant issued based on an officer鈥檚 reasonable suspicion that allows the officer to search a particular house, but only for illegal drugs.
2. A search warrant issued based on an officer鈥檚 probable cause that allows the officers to search a particular house, based on illegal drugs.
3. A search warrant issued based on an officer鈥檚 reasonable suspicion that allows the officer to search a particular house for anything illegal.
4. A search warrant issued based on an officer鈥檚 probable cause that allows the officers to search a particular house for anything illegal.

Number 2. According to the 4th amendment of the united states which says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
But it would need to be modified to say, "A search warrant issued based upon an officer's probable cause allowing for search of a particular house for the seizure of illegal narcotics." And they would need proof of narcotics being sold/used in the house. It would need to provide a scope of which areas may be searched in the house.

The amendment specifies that judicially sanctioned search and arrest warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court.
Source Wikipedia

so option 2 would be the only one that should be upheld by a court.

Tags
  Discrimination Law   Disability   Criminal Law   Collections Law   Consumer Law   Construction Law   Constitutional Law   Computer Law   Child Custody   Civil Rights Law   Business Law   Bankruptcy Law
Related information
  • Could we not scrap all federal gun control laws?

    Yes. We could. And we should. In fact, we should scrap damn near every federal law. The federal government should: (a) provide national security, (b) provide for interstate trade, (c) sevre...

  • ACLU and NAMBLA God Bless ACLU?

    well, what you are talking about is a standard corporate liability issue, called "piercing the veil". you only frame it with a controversial group, but the issue itself is not controve...

  • Are current marijuana laws sensible?

    Nope. The laws are way too lenient. We should bar anybody with any kind of a drug conviction from any job where judgment is required.

    ...
  • Marijuana - Illegal for the wrong reasons?

    Awwww I think I love you for posting this.

    ...
  • Companies wont hire me because of 3 Alcohol related incidences on record. What Can I Do?

    "This is against my constitutional rights"? I hope you are kidding. No employer can be forced to hire you. This is America not some communist country. I am glad that you are recoverin...

  • Marijuana - can you see reality?

    Legalize it.

    ...
  • 'Defacing' US money question??

    The current currency is not constitutional which is a strange thing, but it was started by FDR. As I understand it, the currency is being promulgated by fiat. Which means that no legal entity objec...

  • Who should pay for the textbook?

    I can only give a personal opinion. Sure, she should have asked before she wrote in the textbook. He may get less for the book because of the writing in it. However, I often would get a textbook...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster