United States
Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances, or the free and voluntary consent of a person with reasonably apparent use of or control over the property.
Under the Fourth Amendment, searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. may require additional search warrants.
To obtain a search warrant, an officer must first prove that probable cause exists before a magistrate or judge, based upon direct information (i.e. obtained by the officer's personal observation) or hearsay information. Hearsay information can even be obtained by oral testimony given over a telephone, or through an anonymous or confidential informant, so long as probable cause exists based on the totality of the circumstances. Both property and persons can be seized under a search warrant. The standard for a search warrant is lower than the quantum of proof required for a later conviction. The rationale is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.
U.S. police do not need a search warrant to search a vehicle they stop on the road or in a non-residential area if they have a probable cause to think that it may contain contraband or evidence of a crime. In that case, police may search the passenger compartment, trunk, and any containers inside the vehicle capable of holding the suspected article. By comparison, under Australian law, police can exhaustively search any vehicle on a public road, and any electronic devices therein (mobile phone, computer), without the responsible persons' permission, for evidence of criminal acts, with or without proof or suspicion of any kind.
Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion—a Terry "stop and frisk".
In the United States, the issue of federal warrants is determined under Title 18 of the United States Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Federal search warrants may be prepared on Form AO 93, Search and Seizure Warrant. Each state also enacts its own laws governing the issuance of search warrants.
A customs or immigration officer of the United States is not required to have any warrant, reasonable suspicion, or consent to search persons, vehicles, baggage, or cargo that have border nexus; regardless of citizenship or origin. This is clearly stated in 19 U.S.C. 1467, 19 C.F.R. 162.6, and noted in the US Constitution.
Read more about this topic: Search Warrant
Famous quotes related to united states:
“I have ever deemed it fundamental for the United States never to take active part in the quarrels of Europe. Their political interests are entirely distinct from ours. Their mutual jealousies, their balance of power, their complicated alliances, their forms and principles of government, are all foreign to us. They are nations of eternal war.”
—Thomas Jefferson (1743–1826)
“God knows that any man who would seek the presidency of the United States is a fool for his pains. The burden is all but intolerable, and the things that I have to do are just as much as the human spirit can carry.”
—Woodrow Wilson (1856–1924)
“I incline to think that the people will not now sustain the policy of upholding a State Government against a rival government, by the use of the forces of the United States. If this leads to the overthrow of the de jure government in a State, the de facto government must be recognized.”
—Rutherford Birchard Hayes (1822–1893)
“In the United States, though power corrupts, the expectation of power paralyzes.”
—John Kenneth Galbraith (b. 1908)
“In the United States the whites speak well of the Blacks but think bad about them, whereas the Blacks talk bad and think bad about the whites. Whites fear Blacks, because they have a bad conscience, and Blacks hate whites because they need not have a bad conscience.”
—Friedrich Dürrenmatt (1921–1990)