How is a warrant used in a white collar crime case?
A warrant is a legal document issued by a court that is used to authorize the search and/or seizure of property or people in connection with a white collar crime case. The warrant will list the specific items or persons to be searched for or seized and is signed by a judge. In order to obtain a warrant, a law enforcement officer will need to demonstrate to a judge that there is probable cause that the person or items targeted in the warrant are related to illegal activity. Probable cause may be established through evidence obtained from witnesses, surveillance, or other types of investigation. Once the warrant is issued, it will authorize law enforcement to take legal action, such as making an arrest, seizing documents and other items, or searching and inspecting premises. For white collar crime cases, this may include business records that could be pertinent to the investigation. It is important to note that warrants must be specific; they cannot authorize generalized searches of people and property. In South Carolina, a warrant must be based upon probable cause and issued by an impartial magistrate. This means that the magistrate must have no predetermined opinion about the case, and they must be presented with evidence that would lead a reasonable person to suspect the person of a crime. Only if these criteria are met may a warrant be issued.
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