Section 9.9 Justification for Searches: In General

• Library: Criminal Practice 2012 Supp

A. (§9.9) Justification for Searches: In General

As noted, current analysis still adheres to the warrant preference. See §9.3, supra. Thus, unless an exception exists, search activity cannot constitutionally be undertaken without a warrant and probable cause. Detailed discussion of the standards for issuance of a warrant are found in §§9.14–9.19 below. For current purposes, suffice it to say that a warrant, issued by a detached and neutral magistrate based on a sworn application supported by probable...