NCJ Number
93585
Date Published
Unknown
Length
69 pages
Annotation
This executive summary of a study designed to provide a comprehensive picture of the search warrant process as it currently operates in urban jurisdictions presents data from seven cities.
Abstract
The data pertain to the information on which search warrants were based, the sources of warrant applications, the types of offenses involved and materials sought, the administrative and judicial review procedures used, and the disposition of cases involving evidence obtained with the aid of a search warrant. The methods used in the study and some of the problems encountered in tracking cases and learning about actual practices are reviewed, followed by an examination of the sequence of procedures used to apply for, review, execute, and file a search warrant. Descriptive data highlight important characteristics of the process. The study further examines the extent to which search warrants succeed in performing the functions and providing the protections accorded to them in court opinions. Conclusions and recommendations are presented in the final section. The study generally finds that a properly administered and supervised search warrant-review process can protect privacy and property rights without significantly impeding effective law enforcement. Also, the exclusionary rule, through seldom invoked, does serve as a disincentive to police officers to misuse or abuse their authority. Recommendations are offered for increasing the frequency with which search warrants are sought, improving the review process, and improving the records systems and making better use of search warrant records. Sixty-one footnotes are included. For the full report of the study, see NCJ-93586.