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Guidelines for the Issuance of Search Warrants

NCJ Number
127573
Date Published
1990
Length
90 pages
Annotation
This handbook provides comprehensive guidelines for judicial officers on the issuance of search warrants.
Abstract
Laws affecting search warrants and the search warrant process itself have been changing rapidly in recent years. As a result, most judicial officers have not been adequately trained on the complexities of search and seizure law and their role in the warrant application process. Further, existing educational materials and court decisions often do not give positive direction on the requirements of search and seizure law. This book provides guidelines on: (1) the special role and responsibility of the judicial officer in issuing search warrants, (2) assessing probable cause, (3) describing items to be seized, and (4) executing the warrant. Special focus is also given to such areas as: (1) business records, (2) obscene materials, (3) inspection searches, (4) searches of premises of third parties, (5) bodily intrusions, (6) controlled substance warrants, and (7) telephonic or oral warrants. A Judicial Officer's Checklist is also provided.

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