Warrant search is a court order that is issued and signed by the judge, magistrate who allows the law enforcement officer to conduct a search for a particular person, location, vehicle and even the mobile. The law of any state understands the need for privacy for the masses. Thus, it is very important for the investigation officer to obtain a warrant search before intruding anyone’s privacy. Remember, everyone has a right to get protection against any invalid search and seizure. So, in case any legal body tries to intrude your privacy you can raise your voice against it. Every state has its own set of rules for the warrant search. And here we are discussing the warrant search of Harris County TX in brief.
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Procedure to get a warrant search:
If in case a law enforcement officer wishes to search for any particular person, private property, vehicle or a mobile phone then they first need to obtain a search warrant for it from the court. To obtain it, they first need to convince a detached and neutral judge/magistrate by showing the proofs of a probable cause that can support the occurrence of criminal activity.
Circumstances under which search can be conducted even without the warrant search are:
In plain view doctrine
It is one of those exceptional cases where a warrant is not required to conduct a search or seizure. According to the fourth amendment law, if an officer is present lawfully in any area and finds or recognize anything as evidence or contraband then they have the right to search and seize it without the need of search warrant.
If a law enforcement officer conducts a search or seizure by taking consent of the individual whose property or person is being searched then it is referred to as consent search. But remember that the consent that is obtained should not be coerced by any explicit or implicit means and should not be obtained by any threat or covert force.
Search made in connection with arrest
If a police or any law investigation officer perform a warrantless search of an arrested person in an arrestee’s immediate control area to prevent arrestee’s escape or avoid destruction of any evidence or for the interest of officers’ safety then it also considered as a legal principle.
In cases of emergency exceptions, and
There are many emergency situations also when a police can conduct a warrantless search. Some of those emergency exceptions are:
In case of spousal abuse,
All cases of drug arrest,
In “hot pursuit” cases
Stop and frisk situations
If at any point of time, the police find someone a reasonable suspicion of any criminal activity then s/he has the right to search and seize the suspicious person, vehicle, property, car, and mobile. And this could consider as a legal warrantless search.
There is lot more information to the warrant search of Harris County TX which we will discuss in other articles.
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