I’m working on a paper for legal research, and while I can find all sorts of stuff relating to warrantless searches (California v. Acevedo, etc.) I can’t find any case law regarding review of a warrant itself. Not the execution, but the issuance of the warrant by a judge.
Can anyone help?
Probable cause. Wasn’t that easy?
Okay, it’s more complex than that, but that’s the starting point. I don’t want to do your work for you but I’ll give you a hint. The starting point case you should carefully read on probable cause is Illinois v. Gates 462 U.S. 213 (1983). There are other cases addressing the specificity and paricularity required of the warrant concerning the location that is to be searched, what is to be seized, etc. etc., but you can find those once you get going.
Is this for college or law school?
College.
That was exactly what I needed… a starting point. Lexis and Westlaw didn’t have much (relevant) stuff to say on the subject.
If you have an annotated Constitution, check the case notes for this excerpt from the Fourth Amendment: