A Kentucky Search and Seizure Warrant on Oral Testimony is a type of legal document issued by a court that allows law enforcement to enter a property and search for evidence in connection with a criminal case. This type of warrant is based on sworn testimony from a witness or informant, and requires a judge to determine that the testimony is credible and reliable. This type of warrant is often used when physical evidence is not available or when there is a need for a more thorough search of the property. There are two types of Kentucky Search and Seizure Warrants on Oral Testimony: a General Search Warrant and an Arrest Warrant. A General Search Warrant allows law enforcement to enter and search a property without the need for an arrest. An Arrest Warrant requires an arrest before a search can be conducted and is usually issued when there is a suspicion that the suspect may flee or is a danger to the public.
Kentucky Search and Seizure Warrant on Oral Testimony
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A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion.
Section 26 To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.
Section 10 of the Constitution of Kentucky which forbids unreasonable searches and seizures had its fatherhood in the 4th Amendment to the Constitution of the United States, pro- posed in 1789 and adopted in 1791, along with nine other im- portant additions to our national fundamental law.
Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted. Text as Ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended.
WHILE IT REMAINS THE BEST POLICY FOR POLICE TO OBTAIN A WARRANT WHENEVER PRACTICABLE, WARRANTLESS SEARCHES HAVE BEEN UPHELD WHEN INCIDENT TO LAWFUL ARRESTS OR WHEN EXIGENT CIRCUMSTANCES SUPPORT THE NECESSITY OF CONDUCTING SEARCHES OF PERSONS, PREMISES OR VEHICLES WITHOUT UNDUE DELAY.
Section 27 The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
The members of the General Assembly shall severally receive from the State Treasury compensation for their services: Provided, No change shall take effect during the session at which it is made; nor shall a session occurring in odd-numbered years extend beyond March 30; nor shall a session of the General Assembly
Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure.