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What are the requirements for search warrants?

If you have had the police conduct a search in your private space such as your house or apartment, it is likely to have been an uncomfortable and stressful experience. Regardless of whether they found incriminating evidence, you probably felt as though you were a victim of an invasion of privacy.

The entire concept of a search and seizure is controversial, both in society and within the law. The Fourth Amendment to the United States Constitution is a threat to the practice of search and seizures, and it creates many contradictions in the law.

What does the Fourth Amendment say?

The Fourth Amendment puts forward that all citizens have the right to their own personal privacy. This means that their home should remain secure, and only accessible to them and anyone they grant entry to. It is easy to see why search and seizures go against this principle, since the police must enter the property without the owner's permission.

It is for this reason that search and seizures are highly regulated. For them to be legal, they must be issued by a judge who has heard the reasoning behind the police wanting to search the property. Since this takes some time, there may be emergency situations when the police do not obtain a search warrant. In these cases, the legality of the search can be questioned.

If you believe that you have been subject to an unlawful search and seizure in relation to drug possession, it is a good idea to look into the situation further so that you understand your rights.

Source: FindLaw, "Search Warrant Requirements," accessed March 23, 2018

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