What is the federal criminal justice system's approach to obtaining search warrants?
When law enforcement needs to search an individual or property for evidence of a crime, they must obtain a search warrant. In Minnesota, the federal criminal justice system follows the same laws and procedures as the state criminal justice system when it comes to search warrants. To obtain a search warrant, law enforcement must first have probable cause to believe that a crime has been committed. Probable cause means there is a reasonable basis to believe that criminal activity has occurred. Law enforcement must also provide specific information to a judge which allows the judge to make an informed decision about granting the search warrant. Search warrants must include detailed information about the property to be searched and the items to be seized. The warrant must also list a specific time period in which the search can take place. The search can only occur during daylight hours unless the warrant specifically permits nighttime searches. If granted, the search warrant must be executed and served on the person or persons involved. This means that the search warrant must be physically presented to the person or persons and they must be given a copy of the warrant. Ultimately, obtaining a search warrant is a very important step for law enforcement as it allows them to search with the legal backing of a court. Without a valid search warrant, evidence gained through a search or seizure may not be admissible in court.
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