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Search Warrants are required by the US Constitution and state statutes as a prot

by | Aug 30, 2022 | Criminology | 0 comments

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Search Warrants are required by the US Constitution and state statutes as a protection to individuals against unreasonable searches and seizures by the police. Impartial judges who have jurisdiction over the area to be searched, must determine that the police have established probable cause before the will sign a warrant to authorize a search or seizure. Note that the judges/courts are checks against unbridled police power.
Read the following Florida Statue.
Florida Statues 933.04 Affidavits.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.
Does this sound familiar?
1) What amendment of the US Constitution does this related to?
Read the first 15 of the statutes on this page.
Click on the statute number hyperlink.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0933/0933ContentsIndex.html (Links to an external site.)
2) Reference 933.01; Can any judge issue a warrant? If not, who can?
3) Reference 933.07; What level of evidence is required for issuance of a warrant?
4) Reference 933.15; If someone obstructs the execution of a warrant, what type of crime is it?
Please make sure you respond to all the numbered questions as part of this journal activity.

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