NCJ Number
15777
Journal
UCLA Law Review Volume: 21 Issue: 2 Dated: (DECEMBER 1973) Pages: 691-718
Date Published
1934
Length
28 pages
Annotation
THE THREE MAIN FEATURES OF THIS PROCEDURE - THE ORAL AFFADAVIT, THE DUPLICATE ORIGINAL WARRANT, AND THE ORAL AUTHORIZATION - ARE EXPLAINED AND DISCUSSED INDIVIDUALLY.
Abstract
IT IS POINTED OUT THAT ORAL WARRANT PROCEDURES SUCH AS THOSE USED IN CALIFORNIA AND ARIZONA HAVE TWO ADVANTAGES OVER CONVENTIONAL ONES - AN ORAL WARRANT CAN BE PROCURED IN LESS TIME AND AUTHORIZATION OF A SEARCH WARRANT CAN BE OBTAINED FROM ALMOST ANY LOCATION. LIMITATIONS ON THE USE OF ORAL WARRANT PROCEDURES, SUCH AS THE LACK OF DEMEANOR EVIDENCE AND THE LACK OF A WRITTEN RECORD BEFORE ISSUANCE OF THE WARRANT - ARE ALSO CONSIDERED. SEARCH AND SEIZURE DOCTRINES, SUCH AS EXIGENT CIRCUMSTANCES, THE PLAIN VIEW DOCTRINE, AND SEARCH WARRANT REQUIREMENTS ARE ALSO REVIEWED. IT IS SUGGESTED THAT THE USE OF ORAL PROCEDURES WOULD REDUCE THE NEED FOR JUDICIAL INTERPRETATION OF WHAT CONSTITUTES AN 'UNLAWFUL SEARCH AND SEIZURE' IN WARRANTLESS SEARCHES, THE PROBLEM OF THIRD PERSONS IN SEARCH AND SEIZURE SITUATIONS IS ALSO DISCUSSED IN LIGHT OF ORAL SEARCH WARRANT PROCEDURES.