What is a Warrant Search?
Within the field of criminal justice, the term ‘Warrant Search’ may be applicable to several meanings or definitions with regard to its use. Both will be discussed in this article.
Warrant Search and Seizure
A search warrant, or a Warrant Search, is the expressed, legal permission for the approved and authorized search conducted by law enforcement agents. A legal Warrant Search allows law enforcement agents to not only enter the personal, private property belonging to a person in order to conduct an investigation within the perimeter of the household, but a Warrant Search also allows for the expressed permission to placing that individual under arrest and apprehending them.
Warrant Search Legality
The Constitution of the United States requires that a Warrant Search be conducted upon, and only upon, the receipt of necessary documentation and authorization. This requirement is enacted in order to preserve and protect the rights afforded to all citizens of the United States. The following statutory legislation exists in correlation with a legal Warrant Search:
Warrant Search and the 4th Amendment
The 4th Amendment prohibits the unlawful search and seizure of residences belonging to citizens of the United States of America. This Amendment also defines the rights of privacy awarded to citizens of the United States. In the event that an individual is arrested as a result of a Warrant Search, criminal justice protocol undertaken by the United States requires the respective innocence of that individual.
Warrant Search and Probable Cause
A Warrant Search must be conducted as a result of the existence of sufficient probable cause, which is defined as a valid suspicion of criminal activity undertaken in order to protect the concern for the public well-being, as well as the preservation of public safety from the potential criminal activity in question.
Upon the determination of probable cause, law enforcement agents are considered to be granted the implicit permission to search personal, private property belonging to an individual through the obtainment of a Warrant Search.
Warrant Search and Due Process
With regard to a Warrant Search, due process requires that all individuals are considered to be ‘presumed innocent until proved guilty’ within the realm of the criminal justice system. Only subsequent to a guilty verdict or the admission of guilt on their own accord can the presumption of innocence be remanded.
Warrant Search and Criminal Records
Criminal Justice agencies have modified their administrative system with regard to the multitude of technological developments arising within modernity.
As a result, many criminal justice systems have enacted a system in which a Warrant Search can take place online, both in a digital and virtual setting. In the event that this service is provided within a local jurisdiction, the individual interested in discovering whether or not a warrant currently exists may access the online database and perform a Warrant Search.
While certain opponents to the publicity of individual warrants voiced through claims of the violation of privacy, the substantiation of this process is implicit within the responsibility of the Federal Government to both protect and preserve public safety and interest.