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When Should An Officer Obtain A Search Warrant?

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Before an officer obtains a search warrant, they must submit an under-oath application of a search warrant to the appropriate judge. The officer then prepares an affidavit Preparing which describes the place to be searched, the items to be searched, and the reason why the officers think the things that they are searching for will be at a location. Before the warrant is signed officers must prove to a neutral judge that probable cause exists and that a crime is happening at a place or an evidence of a crime is in a place. For a magistrate to sign a warrant, they must believe that probable cause exists. If the judge finds there is probable cause for a search to take place, he signs the warrant to make it official and then officers can go to the place to search. …show more content…

Consent to a search- is the process where an individual gives his or her consent to an officer or voluntarily permit a police officer before he conducts a search for his or her property. There is no warrant required for this process. Consent to a search must be voluntarily and not pressured. Furthermore, the police cannot search a home when one person invites them while another person refuses to grant them the visit.
2. Terry frisk- an officer can stop and search a suspect if they have a reasonable suspicion that a crime is about to take occur. Officers do search for a weapon because it may pose a threat to the officer and the surroundings. However, the suspect can be allowed to go unless there is probable cause for the suspect arrest.
3. Hot pursuit- officers can seize evidence that be moved or destroyed or made to disappear before a warrant can be issued or granted. For instance, officers can enter a private property where a suspect is being pursued without obtaining a warrant

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