a written order by a judge which permits a law enforcement officer to search a specific
place (eg. 112 Magnolia Avenue, Apartment 3, or a 1991 Pontiac, Texas license number
123ABC) and identifies the persons (if known) and any articles intended to be seized
(often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence
of bodily harm"). Such a search warrant can only be issued upon a sworn written
statement of a law enforcement officer (including a prosecutor). The 4th Amendment
to the Constitution specifies "…no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched
and the persons or things to be seized. " The 14th Amendment applies the rule to
the states. Evidence unconstitutionally seized cannot be used in court, nor can
evidence traced through such illegal evidence.
See also fruit of the poisonous tree probable cause search search and seizure
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