Question: Demonstrate a critical thought process: To comply with the Fourth Amendment, search warrants have to particularly describe the place to be searched; this is known

Demonstrate a critical thought process:

To comply with the Fourth Amendment, search warrants have to "particularly describe the place to be searched"; this is known as the particularity requirement. The address of a single-dwelling house, "404 Blake Road," particularly describes the place to be searched; a warrant to search "1135 Stone Street," a 16-floor apartment complex, doesn't. Warrants also have to "particularly describe the things to be seized." A warrant to search for and seize "one book entitled Criminal Procedure, 10th edition, by Joel Samaha" is good enough. So are warrants naming whole classes of items, such as "address books, diaries, business records, documents, receipts, warranty books, guns, stereo equipment, and a color television" in a list of stolen properly. Catchall categories might also meet the requirement. For example, a search warrant that named "records, notes, and documents indicating involvement in and control of prostitution activity" was particular enough in one case, because the officers were directed to seize only items related to prostitution.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Law Questions!