SEARCH WARRANT question plz 10 pts help!!!?

Question

Which one of the following search warrants issued to the police would most likely be upheld as constitutional under the fourth amendment?

1. A search warrant issued based on an officer’s reasonable suspicion that allows the officer to search a particular house, but only for illegal drugs.

2. A search warrant issued based on an officer’s probable cause that allows the officers to search a particular house, based on illegal drugs.

3. A search warrant issued based on an officer’s reasonable suspicion that allows the officer to search a particular house for anything illegal.

4. A search warrant issued based on an officer’s probable cause that allows the officers to search a particular house for anything illegal.

Answer 1

2, need probable cause and if the officer makes the warrant for only drugs it would be even better because it is more specific. However, I have seen them draw them up for drugs and they take everything illegal in the house anyway because they say it is related to the drug seizure. Once they are in, it's all over!

Answer 2

I'd say 2. You need probable cause to obtain a search warrant, not reasonable suspicion. Suspicion is what you need to initiate a car stop. Also, in a search warrant, you need to specify what you are looking for. An officer can say, "i'm looking for drugs in the master bedroom of the house," but he can't say "i'm looking for anything illegal in the house."

Answer 3

2,  but I also want to add a little bit more to this. A search warrant is signed off by a Judge based on testimony for a specific item or items. This gives permission to search for anything of that size or larger.

As an example, using illegal drugs as cited above, a search warrant might say suspicion of meth crystals or marijuana. The warrant is legally executed and served and when the team walks in the door, sitting in a corner of the living room is a loaded M-16 fully automatic rifle.

This is clearly not a drug or drug related item, but it is larger than what they are originally going in to search for. Unless the homeowner can produce documentation showing legal ownership of a machine gun, they are allowed by law to confiscate it and put a weapons charge on him.

Search warrants cannot be issued blank, meaning you can look for anything illegal, but during the course of a search, if other illegal items are found, those will be confiscated and subsequent charges added.

I hope this helps and you can find it useful

Answer 4

I would say 1 because the 4th is supposed to protect against unreasonable searches.  if i am reading the choices correctly, 2 has a wider scope of search and 1 narrows it down to a search of a house for a specific thing.

Answer 5

The police or authorities have to have some sort of probable cause to stop you, pull you over or talk to you. But they can proceed if they have a reasonable suspicion say...during the stop...they smell alcohol on your breath. In the case of a search warrant, they can serve you this warrant as they enter based on a reasonable suspicion but the warrant specifically has to list what they are looking for. You can't tear apart someone's house looking for 'whatever", although, if there was a crime commited and they are looking for anything associated with this crime, they can partitian the house to look in "the daughters or sons room" and any common areas. If you leave a closet open, anything "in plain sight" can be considered evidence.

So it sholud be answer 1

Answer 6

Number 2 would be the correct answer.  Reasonable suspicion is not enough for a search warrant.  Probable cause is required before someone or something is going to be seized.

Answer 7

2 WOULD BE THE ONE THEY WOULD UPHOLD . THE OTHERS ARE UNCONSTITUTIONAL

Answer 8

Definitely number 2. Fist of all, you must have probable cause to get a search warrant, reasonable suspicion is not enough. Secondly, your search warrant is supposed to be for something specific (ie. the illegal drugs in the house). Search warrants are not issued for "anything illegal in the house".

Answer 9

2. A search warrant issued based on an officer’s probable cause that allows the officers to search a particular house, based on illegal drugs.

It's the most detailed and had PC, not just RS.

Answer 10

2  supposed to have probable cause for a search warrant to be issued. Warrants are supposed to only be issued for specific evidence or illegal items.

Answer 11

its 4.for sure.

Answer 12

Number Two is the best worded answer.  Probable Cause is needed for a search warrant to be issued so the ones containing reasonable suspicion would be out.  The bases for the search warrant would be that drugs are contained (or being sold) in the house.  Note however, that a search warrant will contain a list of items that an Officer believes they will find as evidence in the area to be searched.  That governs the scope of the search (you may search anywhere in the house that the listed possible evidence may be hidden), however, it does not limit the Officers on what they may seize.  For example, if the Officers have listed possible evidence to be seized as records of drug transactions they could look through a spiral notebook.  If they found records of illegal gambling activity in the notebook they could seize that as well.