PROJECT: DISTRICT OF COLUMBIA COURT OF APPEALS PROJECT ON CRIMINAL PROCEDURE: I. Search Warrants: A. WARRANT REQUIREMENT.
In: Howard Law Journal, Jg. 27 (1984), S. 705
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INTRODUCTION The right to a warrant is the result of the colonists' resistance to the English general warrant, known as writs of assistance, which gave executing officials the arbitrary power to arrest anyone and to break into and ransack their private property for evidence of criminal offenses. 1 The fourth amendment protects the right of the people by limiting and restraining the inherent authority of courts and judicial officials to the provisions of the amendment. The first clause of the fourth amendment establishes a right against unreasonable searches and seizures upon one's person, into their houses, papers and effects unless accompanied by a valid search warrant. 2 The importance of the judicial warrant has been a valued part of constitutional and criminal law and has determined the result in a number of cases. As a matter of course, to check the well-intentioned but mistakenly overzealous executive officers engaged in the competitive business of ferreting out crime, the fourth amendment requirement minimizes the risk of unreasonable assertions of executive authority. Thus, searches conducted without the benefit of the judicial warrant are per se unreasonable under the fourth amendment -- subject only to a few established and well-delineated exceptions. 3 Accordingly, on several recent occasions the Court has held that absent exigent circumstances, consent, or circumstances constituting a proper search incident to a lawful arrest, a warrant is required before police may search a person's private property. 4 The foregoing is not meant to denigrate the importance and utility ...
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PROJECT: DISTRICT OF COLUMBIA COURT OF APPEALS PROJECT ON CRIMINAL PROCEDURE: I. Search Warrants: A. WARRANT REQUIREMENT.
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Autor/in / Beteiligte Person: | EVE, ANITA DENISE |
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Zeitschrift: | Howard Law Journal, Jg. 27 (1984), S. 705 |
Veröffentlichung: | 1984 |
Medientyp: | academicJournal |
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