According to the affidavit, the search must be conducted as per the law states since the victim is being involved in unlawful behavior (Chrystie, 1995). Similarly, the victim states that he has illegal goods in his house that he is using in exploiting the children. Brown revelation that he poses media containing child pornography prompts the court to justify a search so that the goods and materials found can act as an evident in the court. In addition, the property found in the Brown’s possession will afford evidence of a crime or the intended commission of pursuit to commit a crime. The property obtained from the suspect house will be presented in the court to give justice to the parents of the kids.
Search warrant is considered as part of the pretrial investigation process in the criminal law. It is mainly employed earlier in the investigation process and before the full identity of all the potential suspects is recognized (Chrystie, 1995). Search warrants are issued by judge, Supreme Court official or the magistrate. In United States, search warrants are usually issued by the local magistrates. They usually involve the provision of evidence by the constable to offer provision to the warrant application (New Zealand, 1988). Each element has enabled a smooth evolution of the search warrants as they are today.
Misrepresentation by the officers during or before the search process may negatively affect the investigation process. Misrepresentation may bar the investigation and search to take place as the officers will not be present for the search. For example, when an officer fabricates the search warrant may serve as a misrepresentation in the whole investigation process as the information will inaccurate. It may also promote injustice as the information will not offer a clear evidence before the court of law (New Zealand, 1988).
Chrystie, R. J., Schirn, R., California District Attorneys Association. & California. (1995). Search warrants. Sacramento, Calif: California District Attorneys Association.
New Zealand. (1988). Search and search warrants: Final report. Wellington: The Committee.
Review of Commonwealth Criminal Law (Australia). (1987). Search warrants. Canberra: The Review.
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