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Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent. Automobile exceptions. Special needs.
In order to issue a warrant, a judge must be presented with evidence that shows probable cause. This evidence can include witness statements, physical evidence, or even digital records. However, this does not mean that a warrant can be issued based solely on suspicion or a hunch. There must be something more concrete.
Probable cause must be based on factual evidence and not merely on suspicion. 2. Supported by Oath or Affirmation: The warrant must be supported by an affidavit or sworn statement made by a law enforcement officer. The officer must swear to the truthfulness of the information provided to the judge.
Unlike an arrest warrant that may be subject to a statute of limitations, a bench warrant does not expire. In fact, a bench warrant remains outstanding for life, until and unless the subject of the warrant deals with it or the judge recalls or quashes it.
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state
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To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. The affidavit, given under oath, must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant committed it.
Signature of a Magistrate: The warrant must be signed by a Magistrate, who is a judicial officer with the authority to issue such orders. Seal of the Court: The warrant should bear the official seal of the court from which it is issued. The court seal serves as a mark of authenticity and authority.

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