Searches 1 And 2 Flashcards
Generally the warrant requirement
Search will be deemed reasonable, search warrants are required for criminal investigative area
Duties of officer in search warrant affidavit
Judges duty in search warrant affidavit
Gather information then for magistrate it is to draw inferences and conclusions from that information.
Three elements of PC
Offense committed, items sought are connected with criminal activity, items will be presently found in place to be searched.
Neutral, detached magistrate
Approve and disapprove warrants, they much remain neutral and detached.
Oath or affirmation when obtaining a search warrant
Only sworn affidavit before a magistrate, establishing grounds for the warrant, sworn oral testimony standing alone does not satisfy
Description requirement for a search warrant
Particularly describing the place to be searched, and persons and things to be seized
Sc code Ann 17-13-170
Who may issue a warrant, having jurisdiction over the area where, illegal items, anything that constitutes evidence of a crime