The Affidavit - Research Paper Example

In the first case, the officer has to get an arrest and search warrant that allows him to search the garage and arrest the defendant for armed assault. The officer has a reasonable amount of suspicion backed by the circumstances which are sufficiently strong to justify that the defendant committed an armed assault. A search warrant will give the officer permission to search the area including the garage believed to be abetting the defendant while an arrest warrant will give the officer permission to arrest the defendant in case he or she is found within the location for which the search warrant has been issued.

Affidavit for a search warrant

The affiant, Officer Lionel Peterson, is employed as a law enforcement officer for Miami Dade Police Department and has hereto attached and incorporated by reference official records and reports of a law enforcement agency. The records and reports availed by the law enforcement officer contain actual information from witnesses, victims, and confidential information which indicates that the following person herein described may be found at the location herein set forth and that such person was involved in the commission of the following crime: GS 15: 601- Armed Assault by the following person Kevin Hart, also known as ‘Birdman’, a 32-year-old black male, 5’9, 120 pounds and dread-locked hair. We therefore pray for permission to search the property at 342 West Miami Avenue which is a brown bungalow at the corner of Miami Avenue and 4th Street, with a garage surrounded by chain link fence including all basements, rooms, garage, and outbuilding for the above-named suspect.           

Affidavit for an arrest warrant

The affiant, Officer Lionel Peterson, is employed as a law enforcement officer for Miami Dade Police Department and has hereto attached and incorporated by reference official records and reports of the law enforcement agency. The records and reports were prepared by the law enforcement officer and contain actual information obtained from the witnesses, victims, and confidential informant which establish a commission of the following criminal offense: GS 15: 601- Armed Assault by the following person Kevin Hart, also known as ‘Birdman’, a 32-year-old black male, 5’9, 120 pounds and dread-locked hair. The affiant prays that a warrant of arrest is used for the said person.

There are certain conditions where the officer can have probable cause to search the property in which the defendant is hiding, but not probable cause to arrest the defendant. In cases where the officer did not witness the crime being committed but was given a description of the defendant by an eye witness. The information given by the eyewitness may not be factual but it can be worth proving otherwise. In such a situation, the officer can acquire a search warrant based on the probable cause to search the property believed to be abetting the defendant but he or she can not arrest the defendant given that there are not enough reasons to tie the defendant to the crime committed (Albin, 2010).

Another scenario exists where the officer has probable cause to search and arrest. In case the officer has reasons beyond doubt that the defendant is hiding in the named property and in addition to enough evidence that the defendant committed the named criminal offense then the officer has the right to acquire both a search warrant and a warrant of arrest. The search warrant will permit the officer to search the premises believed to be abetting the defendant. The arrest warrant will enable the officer to arrest the defendant in case he or she is found at the suspected property (Jefferson, 2007).

 In the second case, the police have no probable cause to arrest Mr. A given that he has in his possession the exhibit pertaining to the criminal offense to which he blames Mr. B. Him refusing to respond to police questioning shows that there is a possibility he may be withholding information vital for solving the case. He should therefore be treated as a witness rather than a suspect (Lee, 2007)

As for Mr. B, a search warrant should be offered to further search Mr. B’s house for more evidence. There is not enough evidence linking Mr. B to the criminal offense stated apart from the statement given by Mr. A. Given that Mr. A does not respond to police questioning an arrest cannot be made for Mr. B without first investigating and collecting enough evidence to link him to the crime.