A legal search is the topic of a multitude of books, seminars, and other information. What makes one search legal and the next one different? It depends on the circumstances of the individual case.
The 4th Amendment to the US Constitution generally says that the authorities are required to have a search warrant before they can conduct a search. Through the application of the 14th amendment, this has been held repeatedly to apply to state authority as well.
However, what constitutes a search, and the list of the exceptions to the search warrant requirement, is long and incredibly complicated. For instance: if an item is in plain view during an otherwise legal stop of an automobile, it is not covered by the 4th amendment. The same can be held true where there is no reasonable expectation of privacy. If a police officer (or other law enforcement agent) can swear to a magistrate or other judicial officer that he/she has reason to believe a crime has been committed, and that evidence of that crime is at a certain location, (and the evidence is specified), a magistrate will generally issue a search warrant. In some states, they do not have to be written out immediately: telephonic warrants are valid as long as the proper procedures for their issuance are followed. I could go on and on here. It is a topic which can and does require a great deal of research to determine if a particular search was valid.
If you have a specific situation where you think a search may not have been valid, I suggest you discuss it with an attorney licensed in your state. He/she will be familiar with how your local courts intrepret things, and can advise you on the ramifications of a legal search
2006-07-10 19:03:45
·
answer #1
·
answered by Phil R 5
·
0⤊
0⤋
A legal search is any search defined as warranted under the guide lines of the law by the authorities in charge of any district or domain---warranted under guidelines of law can be anything from the suspicion of criminal activity to the pursuit of evidence involved in an ongoing investigation
2006-07-11 00:56:29
·
answer #2
·
answered by Anonymous
·
0⤊
0⤋
negative you have to have P.C. to conduct a legal search in GA unless there is a concent to search given by the persons/owners, if you dont have P.C, then you cannot surch for anything illegal with out concent. but the courts have named it legal for an officer to search a person they are in contact with for his or her safty and the search is only limited to like the outside of pockes unless there is something that cannont be identifyed by the officer and when the person being searched does not answer only then can the search go in to pockets and what not with out concent, realy you need to read the section about it in a code book/court cases to fully understand the law
2006-07-11 01:28:55
·
answer #3
·
answered by xbjohnsonx 1
·
0⤊
0⤋