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search warrant :: legal definition


Search warrant - n. a written order by a judge which permits a law enforcement officer to search a specific place (eg. 112 Magnolia Avenue, Apartment 3, or a 1991 Pontiac, Texas license number 123ABC) and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence of bodily harm"). Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer (including a prosecutor). The 4th Amendment to the Constitution specifies: ":no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." The 14th Amendment applies the rule to the states. Evidence unconstitutionally seized cannot be used in court, nor can evidence traced through such illegal evidence.

See also: fruit of the poisonous tree probable cause search search and seizure and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity.
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder