Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 6: Search and Seizure with a Warrant
Introduction
This chapter provides an overview of the processes related to search warrants. This chapter covers the
procedures and criteria necessary to secure a search warrant as well as the procedures related to the
execution of those warrants. The constitutional and judicial standards that affect these procedures
provide the bedrock for the materials in this chapter.
Key Concepts
• The impact of the Fourth Amendment upon the criminal procedures related to search warrants.
Key Terms
• The Fourth
Amendment
• Totality of
Circumstances
• Use of Force
• Forcible Entry
Critical Thinking Questions
1. If the Court has allowed warrantless searches, why should an officer take the time to secure a
warrant before executing a search?
Guidelines: A good way to think about this issue is to conceptualize warrantless searches as
2. Search warrants can only be issued if an officer proves probable cause. Probable cause
represents a less rigorous standard than “beyond a reasonable doubt.” Why is probable cause
less rigorous than the standard necessary to convict someone during a trial?
3. Search warrants must identify the place to be searched and the items to be searched for. Why
is this necessary?
Guidelines: A broad or open-ended search warrant could result in a significant intrusion into a
Discussion Points
• When should an officer procure a warrant? Should an officer always try to get a warrant?
• What satisfies probable cause?