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LAW OF WARRANTS - ISSUANCE AUTHORITY

NCJ Number
6523
Journal
FBI Law Enforcement Bulletin Volume: 41 Issue: 9 Dated: (SEPTEMBER 1972) Pages: 22-25
Author(s)
J A MINTZ
Date Published
1972
Length
4 pages
Annotation
DISCUSSION OF A RECENT SUPREME COURT CASE WHICH AUTHORIZES CERTAIN LAYMEN TO ISSUE SEARCH WARRANTS.
Abstract
THE COURT EMPHASIZED TWO TESTS REQUIRED BY THE CONSTITUTION THAT THE ISSUING OFFICIAL BE NEUTRAL AND DETACHED AND THAT HE BE CAPABLE OF DETERMINING PROBABLE CAUSE. IN THIS CASE THE OFFICIAL WAS A CLERK OF A MUNICIPAL COURT WHO WAS NOT A LAWYER. THE JURISDICTIONAL LIMITATIONS OF WARRANTS ARE ALSO DISCUSSED.