Question

Explain the elements needed for a valid search warrant.

Answer 1

The Fourth Amendment to the United States Constitution protects people’s right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Police must obtain a search warrant from a judge, although courts have identified exceptions to this rule, such as emergency situations and items plainly visible to police officers. A defendant may ask a court to suppress evidence obtained in violation of the Fourth Amendment, which prevents the state from using it in a criminal trial.