NCJ Number
116468
Date Published
1989
Length
23 pages
Annotation
The fourth amendment was added to the Constitution in 1791 to protect persons, houses, papers, and effects against unreasonable searches and seizures.
Abstract
The amendment also provides that no warrant shall issue except on probable cause, supported by oath or affirmation, and particularly describing the place to be searched or the persons or things to be seized. While the Constitution contains no exclusion provision, the U.S. Supreme Court has held that evidence obtained in violation of constitutional provisions will not, with certain exceptions, be admissible in State or Federal courts. Courts have recognized exceptions to the exclusionary rule in cases where officers acted in good faith on the reasonable reliance of a search warrant ultimately found invalid and in cases where seized evidence is used for impeachment purposes. For a search warrant to be valid, it must be issued by a proper official, for certain objects that are particularly described, and on probable cause. It also must be supported by oath or affirmation. In establishing probable cause, an informant may be used without disclosing the informant's name; but sufficient information must be provided to the issuing official to permit a common-sense decision from the circumstances that contraband or evidence of crime will be in a particular place. The warrant also must be executed properly to be valid. It must be executed by the officer or class of officers designated and within time limits, only necessary force should be used, prior notice should usually be given before entry, and only property described in the warrant may be seized. 33 footnotes.