NCJ Number
130293
Date Published
1991
Length
57 pages
Annotation
Warrants play an important role in the theory of fourth amendment law, and the extent to which the warrant process actually functions in the manner intended by the fourth amendment has been the subject of much speculation.
Abstract
The fourth amendment encourages law enforcement officers to use arrest and search warrants whenever possible. A study of 844 search warrant cases, however, found that search warrants are sought in relatively few investigations and that most searches are conducted without a warrant. Nonetheless, the search warrant requirement has several beneficial effects. It requires police officers to at least contemplate the requirement of probable cause before a search, and this reflection induces a higher standard of care than would otherwise be used. The search warrant requirement also appears to produce a multilayered review that minimizes the likelihood of a search occurring in the absence of probable cause. The review that the fourth amendment assumes will occur in the warrant process depends on the issuing person being both able and inclined to scrutinize the sufficiency of information offered by police officers in support of their request for authority to search, seize, or arrest. The essence of the warrant process involves judicial scrutiny of the information submitted to justify issuing the warrant. The fourth amendment reasonableness of a search or arrest pursuant to a warrant may be affected by the manner in which it is carried out as well as by procedures followed in issuing the warrant. Some, but not all, fourth amendment requirements affecting the execution of warrants flow from limits imposed by terms of the warrant itself. Case materials are included.