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's profile pic

Posted on (Answer #1)

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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