Warrant Requirement
What does "Warrant Requirement" mean in law?
The Fourth Amendment establishes a strong preference that searches and seizures be conducted pursuant to a warrant issued by a neutral and detached magistrate upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. The Supreme Court has repeatedly stated that warrantless searches are per se unreasonable, subject only to a few specifically established and well-delineated exceptions. A valid warrant must satisfy the particularity requirement to prevent general, exploratory rummaging through a person's belongings, and probable cause must be established through the totality of the circumstances test from Illinois v. Gates (1983).
Definition
The Fourth Amendment establishes a strong preference that searches and seizures be conducted pursuant to a warrant issued by a neutral and detached magistrate upon a showing of probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. The Supreme Court has repeatedly stated that warrantless searches are per se unreasonable, subject only to a few specifically established and well-delineated exceptions. A valid warrant must satisfy the particularity requirement to prevent general, exploratory rummaging through a person's belongings, and probable cause must be established through the totality of the circumstances test from Illinois v. Gates (1983).
Example
Before searching a suspect's home for evidence of drug trafficking, officers presented an affidavit to a magistrate detailing informant tips and corroborating surveillance, and the magistrate issued a warrant specifically describing the residence and the narcotics to be seized.