What is the difference between an unlawful search and a warrant?
The difference between an unlawful search and a warrant is an important element of drug crimes law in Washington. An unlawful search occurs when an individual searches for evidence of a crime without a warrant. This type of search is prohibited by the Fourth Amendment of the United States Constitution and is considered to be a violation of an individual’s civil rights. A warrant is an order issued by a judge that authorizes law enforcement officers to conduct a lawful search. A warrant must be obtained before any evidence can be legally confiscated and used in a court of law. When a warrant is needed, the police must present a judge with facts that show probable cause, or evidence that a crime has been committed or is taking place. To summarize, an unlawful search occurs without a warrant, while a warrant must be obtained in order to conduct a legal search. When a warrant is not issued, individuals are protected by the Fourth Amendment and any evidence obtained through an unlawful search cannot be used in court.
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