Search warrents - Research Paper Example

However, the warrant need not specify the manner in which the search shall be conducted. The law indicates vital processes and investigation methods which the officer must have at the back of his or her mind if a successful criminal investigation is needed. The officer must obtain clear definitional issues along with the identification and evaluation of the types and sources of information required in criminal investigations (Rotenberg, 2002). The criminal justice processes in the real sense do vary from state to state.

However, the general rules and procedures for criminal justice develop in the following stages: Investigation: A person, for instance, who has seen contraband products ferried across the borders and kept in a specific building, may call law enforcement officers in order to report the crime. An investigation shall therefore be launched based on the witness’s complaint. Search warrant: If the investigating officers believe that there is evidence based on the witness’s claim, they may try to obtain a search warrant from the court allowing them to search the premises.

The presiding judge shall review the information submitted by the police officer in the affidavit whether there is probable cause to support it (Rotenberg, 2002). . If an officer has a probable cause to believe that the person in question has committed a crime, even if the crime was not committed in his or her presence, the officer may arrest the suspect. Indictment: Officers may decide to file criminal charges either before or immediately after arresting the suspect. In most cases, the criminal justice process will start by filling a complaint or information, and then followed by a rand jury proceedings resulting in an indictment or a preliminary hearing (Rotenberg, 2002).

Arraignment: This is usually the presentation of the charges in an open court. This proceeding may be called preliminary hearing but depending on the state in question. During this time, the charges are read to the accused person by the judge and asked either to plead guilty or not guilty. Mostly, the accused lawyer may be present, or the lawyer appointed by the court to represent the defendant. The accused person often is asked to present a security called bail. Bail is put forth just to ensure that the accused person shows up for further criminal proceedings, which might include trial and sentence (Pitowsky, 2002).

Mostly the bail is in the monetary nature, and can either be paid in cash, in the form of bail bond or as a pledge of property if at all the court allows this form of security. Requirement of a search warrant in United Kingdoms and USA Requirements of search warrant normally differ depending on the state. Take United Kingdom for example, search warrants are issued by the local magistrate and requires a constable to provide an evidence to support the warrant application. In many cases where the police officer has already held an accused in custody, searches of the premises can be made without warrant