which of the following involved the issuanceof a warrant by the state attorney general

Who is a person for whom a warrant of arrest has been issued?

See, e. g., Del.Code Ann. tit. 11, §2305 (“Persons for whom a warrant of arrest has been issued”). This part of the amendment to Rule 41 covers a defendant or witness for whom an arrest warrant has theretofore issued, or a defendant for whom grounds to arrest exist even though no arrest warrant has theretofore issued.

Do search warrants need to state grounds for their issuance?

The requirement that the warrant itself state the grounds for its issuance and the names of any affiants, is eliminated as unnecessary paper work. There is no comparable requirement for an arrest warrant in rule 4. A person who wishes to challenge the validity of a search warrant has access to the affidavits upon which the warrant was issued.

When does a magistrate judge have authority to issue a warrant?

At the request of a federal law enforcement officer or an attorney for the government: (1) a magistrate judge with authority in the district—or if none is reasonably available, a judge of a state court of record in the district—has authority to issue a warrant to search for and seize a person or property located within the district;

What is an arrest warrant or summons on a complaint?

Arrest Warrant or Summons on a Complaint 1 (1) Warrant. A warrant must:#N#(A) contain the defendant's name or, if it is unknown, a name or description by which the... 2 (2) Summons. A summons must be in the same form as a warrant except that it must require the defendant to appear before... More ...

What does the US attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

How long does it take to get a search warrant in Texas?

three whole daysThe time allowed for the execution of a search warrant shall be three whole days, exclusive of the day of its issuance and of the day of its execution. The magistrate issuing a search warrant under the provisions of this chapter shall endorse on such search warrant the date and hour of the issuance of the same.

Who does the 4th Amendment apply?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

What are the different types of warrants in Texas?

Different Types of Warrants in TexasTYPES OF WARRANTS IN TEXAS. A warrant in Texas is defined as a written order issued by a judge that gives law enforcement the authority to arrest an individual or to perform an act of justice in upholding the law. ... Arrest Warrants. ... Search Warrants. ... Bench Warrants. ... Blue Warrants.

What happens after a warrant is issued?

In the event the Warrant has to be executed outside the local jurisdiction of the Court from which the Warrant has been issued, The Court issuing the Warrant shall forward the Warrant to the Court, Executive Magistrate and/or Commissioner of Police within local limits of whose jurisdiction it is to be executed and then ...

How long does a warrant stay active in Texas?

There is no statute of limitations on an arrest warrant, a document that a judge or magistrate signs to allow law enforcement officers to take a suspect into custody.

Why is the 4 amendment important?

The Fourth Amendment is important because it protects American citizens from unreasonable search and seizure by the government, which includes police officers. It sets the legal standard that police officers must have probable cause and acquire a warrant before conducting a search.

How does the 4th Amendment apply to policing?

It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.

Why was the 4th amendment made?

The Fourth Amendment was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America.

How do you get a warrant lifted in Texas?

Todd E. Tkach, can get your Texas warrant lifted by posting an attorney bond that will lift the warrant and go to court to fight for a dismissal of the traffic ticket.

How do you check for warrants in Texas?

Felony and Misdemeanor warrant information may be obtained via the Harris County District Clerk's website at www.hcdistrictclerk.com under Online Services, Search Our Records and Documents.

What is a blue warrant in the state of Texas?

If the offender has violated Texas probation laws, a special warrant will be issued which will revoke their probation. This warrant is known as a Parole Revocation Warrant, or a blue warrant, and anyone arrested on a blue warrant won't have the possibility of getting bonded out.

At what time should the search warrant be served?

Search warrants must be in duplicate, both signed by the judge. The duplicate copy thereof must be given to the person against whom the warrant is issued and served. Both copies of the warrant must indicate the date until when the warrant shall be valid and must direct that it be served in the daytime.

How do you know if you have a warrant in Texas?

Felony and Misdemeanor warrant information may be obtained via the Harris County District Clerk's website at www.hcdistrictclerk.com under Online Services, Search Our Records and Documents.

What do you mean by search warrant?

countable noun. A search warrant is a special document that gives the police permission to search a house or other building. Officers armed with a search warrant entered the flat. Collins COBUILD Advanced Learner's Dictionary.

Are warrants public record in Texas?

If you are proven innocent by the Texas court system then the warrant is considered resolved and your record will not be tainted. You don't have to expose this record to anyone and can act as if it never happened.

When it is improper to issue a warrant, even when there is a probable cause?

When it is improper to issue a warrant, even when there is a probable cause, i.e., requiring the removal of a bullet from an individual suspected of robbery when the bullet is deeply imbedded in the hody.

When is a warrant not required?

Moreover, an administrative warrants is not required when the search/seizer is of a closely regulated business.

What is a substancial showing that the affidavite contained false statement?

1) A substancial showing that the affidavite contained false statement ; 2) the statement were made intentionally, knowingly, or in reckless disregard for thr truth; and. 3) the magistrate's finding of probable cause could jot hsve been made without the false statements. ABSENT ANY OF THE ANOVE, a warrant will be upheld.

What test is used in a police affidavit?

Where the affidavie of a police officer contains hearsay information based on an informant tips, the courts FORMERLY APPLIED applied the so-called Aguilar-Spinelli test.

When should a warrant be issued based on an informant's tip?

Under Illinois v. Gates, a warrant based on an informant's tip should be issued when probable cause is established under "totality of the circumstances."

When there is a testimony or affidavite presented to the magistrate, what is the answer?

When there is a testimony or affidavite presented to the magistrate contains facts sufficient that a REASONABLE PERSON would conclude it to be more probable than not that the evidence or person will be found.

Is a search in the 4th amendment presidible?

Such a search is not premissible under the 4th Amendment absent exigent circumstances.

When is a search warrant required?

This amendment to Rule 41 is intended to make it possible for a search warrant to issue to search for a person under two circumstances: (i) when there is probable cause to arrest that person; or (ii) when that person is being unlawfully restrained. There may be instances in which a search warrant would be required to conduct a search in either of these circumstances. Even when a search warrant would not be required to enter a place to search for a person, a procedure for obtaining a warrant should be available so that law enforcement officers will be encouraged to resort to the preferred alternative of acquiring “an objective predetermination of probable cause” Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), in this instance, that the person sought is at the place to be searched.

What is the new provision in the search warrant?

A new provision, as indicated in subparagraph (c) (2) (A), is added to establish a procedure for the issuance of a search warrant where the circumstances make it reasonable to dispense with a written affidavit to be presented in person to a magistrate. At least two States have adopted a similar procedure—Arizona and California—and comparable amendments are under consideration in other jurisdictions. Such a procedure has been strongly recommended by the National Advisory Commission on Criminal Justice Standards and Goals and State experience with the procedure has been favorable. The telephone search warrant process has been upheld as constitutional by the courts and has consistently been so viewed by commentators.

What is the purpose of the amendment to Rule 41 C (2) A?

The amendment to Rule 41 (c) (2) (A) is intended to expand the authority of magistrates and judges in considering oral requests for search warrants. It also recognizes the value of, and the public's increased dependence on facsimile machines to transmit written information efficiently and accurately. As amended, the Rule should thus encourage law enforcement officers to seek a warrant, especially when it is necessary, or desirable, to supplement oral telephonic communications by written materials which may now be transmitted electronically as well. The magistrate issuing the warrant may require that the original affidavit be ultimately filed. The Committee considered, but rejected, amendments to the Rule which would have permitted other means of electronic transmission, such as the use of computer modems. In its view, facsimile transmissions provide some method of assuring the authenticity of the writing transmitted by the affiant.

What is the purpose of Rule 41 E?

The amendment to Rule 41 (e) conforms the rule to the practice in most districts and eliminates language that is somewhat confusing. The Supreme Court has upheld warrants for the search and seizure of property in the possession of persons who are not suspected of criminal activity. See, e.g., Zurcher v. Stanford Daily, 436 U.S. 547 (1978). Before the amendment, Rule 41 (e) permitted such persons to seek return of their property if they were aggrieved by an unlawful search and seizure. But, the rule failed to address the harm that may result from the interference with the lawful use of property by persons who are not suspected of wrongdoing. Courts have recognized that once the government no longer has a need to use evidence, it should be returned. See, e.g., United States v. Wilson, 540 F.2d 1100 (D.C. Cir. 1976). Prior to the amendment, Rule 41 (e) did not explicitly recognize a right of a property owner to obtain return of lawfully seized property even though the government might be able to protect its legitimate law enforcement interests in the property despite its return—e.g., by copying documents or by conditioning the return on government access to the property at a future time. As amended, Rule 41 (e) provides that an aggrieved person may seek return of property that has been unlawfully seized, and a person whose property has been lawfully seized may seek return of property when aggrieved by the government's continued possession of it.

What amendment states that evidence is not admissible at a hearing or trial?

The amendment deletes language dating from 1944 stating that evidence shall not be admissible at a hearing or at a trial if the court grants the motion to return property under Rule 41 (e). This language has not kept pace with the development of exclusionary rule doctrine and is currently only confusing. The Supreme Court has now held that evidence seized in violation of the fourth amendment, but in good faith pursuant to a warrant, may be used even against a person aggrieved by the constitutional violation. United States v. Leon, 468 U.S. 897 (1984). The Court has also held that illegally seized evidence may be admissible against persons who are not personally aggrieved by an illegal search or seizure. Rakas v. Illinois, 439 U.S. 128 (1978). Property that is inadmissible for one purpose (e.g., as part of the government's case-in-chief) may be admissible for another purpose (e.g., impeachment, United States v. Havens, 446 U.S. 620 (1980)). Federal courts have relied upon these decisions and permitted the government to retain and to use evidence as permitted by the fourth amendment.

What amendment was the Notes of Advisory Committee on Rules?

Notes of Advisory Committee on Rules—1977 Amendment

Why was Rule 41 amended?

The language of Rule 41 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as otherwise noted below. Rule 41 has been completely reorganized to make it easier to read and apply its key provisions.

What is a false statement?

Intentionally or knowingly makes false statements; knowingly or recklessly omitting material information from a warrant application; or swearing to information with reckless disregard for the truth

What is the major factor used to determine the reasonableness of the duration of a search?

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search

Can a warrant be severed?

Some clauses from the deficient parts of the warrant may be severed or redacted

Can an officer execute a search warrant for a particularly described premises?

Officers executing a search warrant for a particularly described premises may not

Can a police officer seize a stolen shotgun?

May seize the shotguns described in the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms

Can police search for drugs without probable cause?

The officers may, without more, search the premises for drugs, but need specific probable cause for each person they want to search for drugs and specific, articulable suspicion of danger to frisk for weapons