Forensics Journal - Stevenson University 2011 | Page 42

STEVENSON UNIVERSITY

Search Warrants
Justin B. Hill

The following will examine contemporary pattern and practice of law
enforcement use of search warrants as investigative mechanisms. This
examination will focus on who may apply for a search warrant, the process used to obtain a search warrant, a brief survey of examples of specialized search warrants, and a sampling of representative scenarios in which
the various types of search warrants are used. The discussion will include
applicable elements of statutory law, case law, and the Constitutional law
underpinnings that form the basis of the legal theory and practice involving search and seizure (by warrant) in the United States. No attempt
will be made to address the broader aspects of search and seizure law.
Similarly, the multiple exceptions to the warrant requirement (consent,
exigency, etc.) will not be discussed.

By their specificity (“particularly describing the place to be searched, and
the things to be seized…”) the founding fathers foreclosed the use of
general warrants in the republic they were creating.
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