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What are the requirements for search warrant?

On Behalf of | Nov 27, 2018 | Drug Charges

Many drug arrests occur without any type of warrant being involved in the case. That’s because there are many exceptions to the constitutional requirement that a warrant is needed to effect an arrest or search. However, there are still some cases that are based on extensive law enforcement investigations, in which the authorities do take the step of obtaining a search warrant.

The most important requirement for procuring a search warrant is that of “probable cause.” This is a term that many of our readers in Florida have probably heard before, perhaps in television shows or movies. However, this term has very important real-world implications. The probable cause requirement for warrants comes directly from the Fourth Amendment of the U.S. Constitution, which references the term.

Although most people have heard the term “probable cause” before, some do not know why this term is so crucial to many criminal cases, especially drug-related cases. In essence, to obtain a search warrant, law enforcement officials must prove to a court, under oath, that there are facts or circumstances which would lead a reasonable person to believe that the illegal items to be obtained in the proposed search are in fact at the location described, or in the possession of the person named.

There are quite a few criminal cases that ultimately end up in front of the U.S. Supreme Court because prosecutors and defendants argue over the validity of search warrants. Any Florida resident who has a pending legal case that involves a search warrant may want to explore their legal options to challenge the warrant.