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If you were a judge reading a search warrant Affidavit of Probable Cause, under what...

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kisstopher603 | Valedictorian

Posted April 22, 2013 at 2:56 AM via web

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If you were a judge reading a search warrant Affidavit of Probable Cause, under what circumstances would you refuse to sign and issue the search warrant to the investigator?

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litteacher8 | Middle School Teacher | (Level 1) Distinguished Educator

Posted April 22, 2013 at 3:44 AM (Answer #1)

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Under the Fourth Amendment, Americans have the right to avoid improper searches and seizures of property.  In order for a search warrant to be issued, there must be probable cause.  

Probable cause can be tricky.  It is a thin line and easily crossed, so probable cause is easily abused.  In order for a judge to grant a warrant based on probable cause, there must a reasonable basis for believing a crime has been committed by a person to be arrested or that evidence of a crime exists at the place to be searched.

reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search). (Cornell University Law School)

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