Search warrants and warrantless searches, can either make or break a criminal case - Research Paper Example

the one that will determine whether the defendant will be free to go before the trial is conducted or whether to hold them in the cells to await the trial in the courts (Scheb, 2011). Warrants are orders from the court that are issued by the judge, magistrate or supreme court official, that authorizes law enforcement officers to perform a search of an individual, a certain place, or even a motor vehicle as a proof of a criminal offence that is happening or did happen. There are certain jurisdictions, which do respect the law, its rules and a basic right to privacy which puts constraints on the control of police investigators and forces them to require a search warrant in order to conduct any search (Gardner et al., 2009). There are only few scenarios where this rule of law can be accepted, and that is when there is a hot pursuit.

This is mostly when a criminal decides to escape from the crime scene. The police are forced to run after them, and in this scenario they can enter by force into the property that he has chosen to hide (Bernnat et al., 2011). In United States of America under the Fourth Amendment to the United States Constitution, the police investigators are only required to conduct any search when having a warrant that has been issued by the judge, magistrate or the Supreme Court official. And this must also have a credible course.

All the searches that are to be conducted have to be of a reasonable course and to the specifics. When a certain case from the archive is checked; Kentucky v.King, No.09-1272, where the ambush by the police in Lexington, was out of a mistaken judgment. The police officers witnessed a drug deal going on in a parking lot, and they hurriedly ran into a certain apartment house having a complex look for a suspect who had presently sold cocaine to an informer. When the case was heard by the Kentucky Supreme Court, the evidence was suppressed.

It was stated that any risk of the drugs being destroyed was as an outcome of the