Every country has certain laws that govern the state and the people living in it. These laws are present to secure the rights of the people. It ensures that citizens live in harmony and with dignity while practicing their freedom and not hampering the rights of their fellow citizens. The constitution safeguards all the laws in a democratic country.
Laws: A safeguard for people’s rights
Talking specifically about the United States of America, it is also known as the superpower of the world as the whole world look at it with inspiration. The American constitution influences multiple countries that have gotten their independence after it. The American laws safeguard the rights of all the victims, the convicted, and even the accused.
If a person is suspicious of indulging in some anti-law activity, the authorities can track them and present them in the court. Moreover, the legal authorities can also order a warrant search against the person. But, can you arrest without a warrant?
Among all the cases pursued in the USA, there is also a tiny minority of cases that are pursued without a search warrant. And there are also cases when the person searched couldn’t do much as they weren’t aware of their rights against such proceedings.
To be able to understand the clauses well, let us first understand what a search warrant is.
What is a search warrant?
A search warrant is synonymous to a legal permission given by the respective authority to the police officer to search the particular suspicious place without the consent of the occupant. According to the American constitution, only judges and magistrates can sanction or issue a search warrant.
Rules for the officials
To carry on a search against the person, the authorities require a probable cause to justify the activity. The officers must provide supporting documents and witnesses before the authorities to justify the same.
Moreover, the officials only have the authority to search the area listed in the warrant. If the warrant says the house, they can only search the jurisdiction of the house and not property around it. Additionally, the police can only seize the items listed in the warrant.
The officers must follow the knock and announce rule, where they have to first knock on the occupant door and inform about the reason. The police have to wait for some time before making a forced entry.
Cases for a warrantless search
Some exceptions allow the police to carry out a warrantless search. It can happen in any of the below-mentioned cases.
- Plain View doctrine
- Arresting a convicted
- Drug arrest
- Hot pursuit
- Consent searches
The law provides enough protection to the people to keep themselves safe from the threats of society and also protect themselves from official authorities that could abuse their authority. The clause for a search warrant also provides a justifiable example for the same.
If the person is being searched apart from the reasons that don’t fall under exceptions, they are allowed to challenge the decision of the authorities.
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