5.1: Overview, Objectives, and Key Terms
Overview
In this chapter, you will learn the search warrant process and provide specific details on the types and usage of search warrants. We must understand the protections afforded to citizens under the 4th Amendment and the right to privacy. Building on those concepts, this chapter will provide an understanding of how warrants are issued and the different types of warrants. Not all searches conducted by police require a warrant the procedure for warrantless searches is explained in this chapter.
- Identify the concept of privacy and how it pertains obtaining a search warrant.
- Identify the different types and uses of warrants.
- Explain how the advances in technology have affected the search warrant process.
- Identify the circumstance where officers may not need to obtain a search warrant to gather evidence.
- Explain the plain-view doctrine and open field rule.
Key Terms
right to privacy, search warrant, reasonable/reasonableness, probable cause, particularity requirement, knock and announce, night service, no knock warrants, sealing orders, nondisclosure orders, out of jurisdiction orders, out of county warrants, out of state warrants, special master’s procedure, searches by experts, anticipatory warrants, computer search warrant, covert warrants, Steagald warrant, email search warrant, warrant reissuance, releasing seized evidence, subpoena duces tecum, consent searches, searches incident to arrest, exigent circumstances, plain view doctrine, open field, vehicle searches.