Am a past l/e with over 28 years on the job- mostly in a narc unit where search warrants were a prominent part of our tool kit. Heck even taught warrant preparation.
First- probable cause must be written into a warrant and then presented to a Judge to be signed and he agrees with your cause that the evidence is certainly there- NOW. Thinking its there or that it may be likely aint gonna cut it. Generally some witness to its location or some physical evidence has to SHOW its there NOW.
This takes time to establish legal cause and then prepare the warrant and then to find a judge who isn't otherwise busy or who is willing to be awoken at odd hours. Then it must be served in a reasonable amount of time.
Second= the only exception to this Constitutional right to privacy in your home is 'exigent circumstance' wherein the evidence to be seized is likely to be destroyed before a warrant can be obtained.
In court ya had better be prepared to absolutely be able to show the real likelihood of said destruction.
Warrants take time and preparation and any threat to allow ingress 'or else' without one negates the evidence seized in court.
It is NOT like TV where somebody calls up and says 'get a warrant' and proceeds to kick down a door.
There may well be some State minor differences in whats considered cause but the right to privacy is Constitutional and the same Countrywide. It overpowers States.
Folks love to make up stories bout l/e just showing up and kicking their way in but when ya peel back the layers it likely impossible to find the guy who actually had it happen to him- usually more like somebody claims to know somebody who actually had evidence in his house that got raided but the cops screwed up -again.
Or the Court took it easy on them so they were really innocent and it was all a travesty they shoudnt have to have gone through. Just like the first time dope dealer getting a deal and claiming to have been 'set up' because he didn't pay a heavy fine or go to the clink. So he hadda be innocent.
Unfortunately Courts all too often blow out fish and game violations when faced with limited resources and too many 'real' felons like burglars and robbers.
Several Cousins and Uncles were Wardens and commonly lamented their fish and game violations getting a quick route in the courts. An extra Trout or too many pheasants was hard for the Court to compare to burglars also looking for lengthy trials- and the defendants Attys know it.
post edited by r3g3 - 2015/12/04 12:42:54