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One of the key concepts of search warrant is the right to privacy. While not ever stated in the Constitution, the framers of the Constitution wanted to protect its citizens from unlawful invasions of privacy. However, officers also have a duty to protect citizens from criminal activity and must collect evidence. In your own word, explain how the search warrant process protects individual’s privacy and still allows police officers to investigate crime. (Hint, identify reasonableness and probable cause).
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In this section, we learned that officers many obtain specific warrants based on the type of investigation they are conducting. For this critical thinking question, identify a scenario (criminal investigation) where you would use these types of warrants. Make sure to identify the cause or reason and include that information in your response.
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Night service warrant
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No-knock warrant
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Nondisclosure order
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Special Master Procedure
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Anticipatory search warrant
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Covert search warrant
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Steagald search warrant
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Not every investigation requires a search warrant, in certain criminal investigations, officers can conduct searches without a warrant. For example, consent searches allow officer to search without a warrant. In this scenario, you are an officer and conducted a consent search of a person’s home. The wife gave consent to search the house and during your search, you uncover evidence of child pornography. (Evidence uncovered includes photographs and printed emails). However, during the search, the husband comes home and denies consent to search.
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Do you continue to search? Why or why not?
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You are on the stand during an evidentiary hearing and the defense counsel is trying to have the photos and emails excluded from evidence. How do you testify to the ensure the evidence is admitted into trial? Provide key points to a lawful consent search.