Warrant (law) in the context of "Search warrant"

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⭐ Core Definition: Warrant (law)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.

A warrant is usually issued by a court and is directed to a sheriff, a constable, or a police officer. Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants.

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👉 Warrant (law) in the context of Search warrant

A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their actions.

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Warrant (law) in the context of Legal process

Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by serving it on a person, arresting a person, posting it on real property, or seizing personal property.

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Warrant (law) in the context of Warrant officer

Warrant officer (WO) is a rank or category of ranks in the armed forces of many countries. Depending on the country, service, or historical context, warrant officers are sometimes classified as the most junior of the commissioned officer ranks, the most senior of the non-commissioned officer (NCO) ranks, or in a separate category of their own. Warrant officer ranks are especially prominent in the militaries of Commonwealth nations and the United States.

The name of the rank originated in medieval England. It was first used during the 13th century, in the Royal Navy, where warrant officers achieved the designation by virtue of their accrued experience or seniority, and technically held the rank by a warrant, rather than by a formal commission (as in the case of a commissioned officer). Nevertheless, warrant officers in the British services have traditionally been considered and treated as distinct from non-commissioned officers.

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Warrant (law) in the context of Fourth Amendment to the United States Constitution

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized (important or not).

Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures", what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with Katz v. United States (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

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Warrant (law) in the context of Arrest warrant

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property.

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Warrant (law) in the context of Reasonable suspicion

Reasonable suspicion or reasonable articulable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'"; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may "frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.

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Warrant (law) in the context of Lieutenancy areas of Scotland

The lieutenancy areas of Scotland are the areas used for the ceremonial lord-lieutenant, the monarch's representative in Scotland's Lieutenancy areas. The lords-lieutenant titles, chosen by the monarch and his legal advisers, are mainly based on placenames of the traditional counties of Scotland. In 1794, permanent lieutenancies were established by Royal Warrant. By the Militia Act 1797 (37 Geo.3, C.103), the lieutenants appointed "for the Counties, Stewartries, Cities, and Places" were given powers to raise and command County Militia Units.

While in their lieutenancies, lords-lieutenant are among the few individuals in Scotland officially permitted to fly a banner of the Royal Arms of Scotland, the "Lion Rampant" as it is more commonly known.

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Warrant (law) in the context of Brevet (military)

In military terminology, a brevet (/brəˈvɛt/ or /ˈbrɛvɪt/ ) is a warrant which gives commissioned officers a higher military rank as a reward without necessarily conferring the authority and privileges granted by that rank. The promotion would be noted in the officer's title (for example, "Bvt. Maj. Gen. Joshua L. Chamberlain" or "Bvt. Col. Arthur MacArthur"). It is not to be confused with a Brevet d'état-major in Francophone European military circles, where it is an award, nor should it be confused with temporary commissions.

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