Author Question: How does particularity differ for an arrest warrant versus a search warrant? What will be an ... (Read 148 times)

c0205847 · **on:** Aug 17, 2018

How does particularity differ for an arrest warrant versus a search warrant?

What will be an ideal response?

Question 2

What is the Supreme Court's view on the media's presence during the service of a search warrant? What is the leading case in this area?

What will be an ideal response?

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

Answer to Question 1

Particularity in an Arrest Warrant
There are two ways to satisfy the Fourth Amendment's particularity requirement with regard to an arrest warrant. First, if the suspect's name is known, then simply supplying his or her name is enough to meet the particularity requirement. In some situations, however, the suspect's name is not known. Then, a specific description of the suspect is sufficient and a John Doe warrant will be issued. As long as other officers may locate the suspect with reasonable effort, the suspect's name is not required.

Particularity in a Search Warrant
The particularity requirement for a search warrant has two elements. First, the warrant must specify the place to be searched. Next, the warrant must specify the items to be seized. The reason for this particularity requirement stems from the framers' concerns with so-called general warrants issued by the English Crown.

Answer to Question 2

In rare circumstances, the involvement of media in police activity results in constitutional issues. In Wilson v. Layne, 526 U.S. 603 (1999), the Supreme Court decided whether the police can bring members of the media along during the service of an arrest warrant.