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- Mar 25, 2012
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Eh. The thing with a search warrant is you have to have probable cause to get one. It’s one thing if the house the crime was committed in was the same one the suspect lived at - you have probable cause for days to secure a warrant in that case. Wanting to search a family member’s house for thoroughness does not meet the threshold. They have to use consent searches initially, unless they have specific reason to believe there is a likely chance they’ll find evidence of the crime at that location.Those are different things. A consent search is when the occupant voluntarily agrees to a search of their property. A judicial search warrant is court-authorization for law enforcement officers to search the private property specified for the evidence specified. It establishes the parameters of the search and documents the findings. It helps protect the legal rights of the occupant. It helps ensure the admissibility of any evidence collected in future prosecution.
Consent to searches hold up in court just fine. Is it better to have a warrant? Sure. Is a consent search better than no search? Also yes.
JMO