NCJ Number
84452
Date Published
Unknown
Length
0 pages
Annotation
Focusing on due process concepts as applied to search and seizure laws, this lecture discusses warrant procedures setting aside an individual's right to privacy and the magistrate's role in determining the warrant's legitimacy.
Abstract
Search and seizure rights, set out in the fourth amendment, should be balanced against an individual's right to due process since evidence gathered in violation of due process can be excluded from court. The magistrate determines the balance between private and governmental interests. A person's right to privacy can be set aside when an officer filing an affidavit swears to the truth of its statement and contents under oath. The affidavit contains a statement of the offense involved, showing that the item to be seized is related to the crime; the name of the location involved; a description of the items to be found; and facts establishing probable cause. Magistrates must sort out whether these facts lead to a reasonable belief that there are seizable items in the place to be searched. They must also establish the observer's reliability as to the facts in the statement. The observer of these facts must be or must have been a reliable person or has made a statement in the form of a confession or is a victim of or eyewitness to the crime.