Criminal Procedure

SEQ CHAPTER h r 1s : AffidavitFebruary 21 , 2008s : AffidavitAn ban is a scripted sworn statement . An affidavit is gener each(prenominal)y written , gestural , and witnessed by notary or an officer of a chat up . This leave use the United States Department of Justice rule of thumbs for trenchant and Seizing Computers and Obtaining Electronic Evidence in lamentable Investigations to pardon what the affidavit is when conducting a constitutional search of property with a warrantPurpose of an AffidavitIn to get a signed search warrant , rectitude enforcement decreeds br should present an affidavit and a proposed warrant . The affidavit is the sworn statement of the official that develops to the judge or magistrate all of the information that payes probable cause of distressing activity and thereby justifies issuing the warrant . The proposed warrant specifically describes the persons , places , and property to be searched and seized . If the affidavit cannot establish probable cause , the warrant exit not be issuedWhat the Affidavit AccomplishesThe affidavit should also allow in a detailed explanation of the proposed search strategies . The affidavit explains the stage setting of the proposed search and seizure . It will explain whether there will be an onsite or offsite search of property . It must establish why it is necessary to take an item offsite for search , explain where it will be taken , and how the search will be conducted .

It should demonstrate that all legal and practical issues have been considered and cover leaving no liability on the law enforcement official or the begs , and should ensure that evidence will be presentable in courtThe affidavit is designed to be a guideline for both law enforcement officials , judges or magistrates , and other court officers to establish that evidence was necessary , obtained legitimately , and investigated properly in front admission to evidenceReferenceSearching and Seizing Computers and Obtaining Electronic Evidence in iniquitous Investigations (July 2002 . Computer Crime and Intellectual Property Section Criminal Division United States Department of Justice Retrieved February 21 , 2008 , from HYPERLINK hypertext transfer protocol /www .usdoj .gov /criminal /cybercrime /s smanual2002 .htm http /www .usdoj .gov /criminal /cybercrime /s smanual2002 .htm _II_ HYPERLINK /source_details .php ?id 1110678 More Details...If you want to get a mount essay, order it on our website: Orderessay

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