Author Question: Briefly summarize the Supreme Court's view on time constraints for service of a search warrant. ... (Read 56 times)

KWilfred · **on:** Aug 17, 2018

Briefly summarize the Supreme Court's view on time constraints for service of a search warrant.

What will be an ideal response?

Question 2

What additional requirements (beyond the usual Fourth Amendment requirements) must be met for authorities to conduct electronic surveillance?

What will be an ideal response?

kilada · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

There are three means by which the courts impose time constraints on the police when it comes to the service of search warrants. First, the service of a search warrant should take place
promptly after its issuance. Clearly, probable cause could dissipate if an excessive amount of time elapses between the time the warrant is issued and the time it is served.

A second time restriction that is occasionally imposed pertains to the time of day. Judges commonly restrict the service of warrants to the daytime hours or at least favor daytime service.

The third time restriction concerns how long the police can search for evidence. The general rule is that a search cannot last indefinitely. Once the item in the warrant has been discovered, the search must be terminated.

Answer to Question 2

In 1968, Congress passed Title III of the Omnibus Crime Control and Safe Streets Act (18 U.S.C. 251020). Then, in 1986, Congress amended the act by passing the Electronic Communications Privacy Act (ECPA) (Pub. L. No. 99508 1986). Both acts govern
law enforcement electronic surveillance activities at both the federal and state levels. They are of particular importance because they preempt state laws addressing electronic surveillance. That is, for electronic surveillance to conform to constitutional requirements, it must not only abide by state law but also by the 1968 and 1986 acts.