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Kentucky Anticipatory Search and Seizure Warrant

Category:
Federal - District Court - Eastern District
State:
Kentucky
Control #:
KY-SKU-0445
Format:
PDF
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Description

Anticipatory Search and Seizure Warrant

A Kentucky Anticipatory Search and Seizure Warrant is a court-issued warrant that allows the search for, and seizure of, evidence before the crime in question has been committed. This type of warrant is used to prevent a crime from occurring and is often used in cases involving terrorism, drug trafficking, and other serious criminal activity. There are two types of Anticipatory Search and Seizure Warrants recognized in Kentucky: the traditional warrant and the exigent circumstances warrant. The traditional warrant requires police officers to present a written affidavit to a judge and demonstrate probable cause that a crime will be committed before the warrant can be issued. The exigent circumstances warrant is issued when there is an urgent need to search and seize evidence and there is no time to obtain a traditional warrant. Both types of warrants must include a detailed description of the items to be searched for and seized.

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FAQ

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.

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.

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.

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.

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

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More info

To: Any authorized law enforcement officer. Like all search warrants, anticipatory warrants require probable cause.The occurrence of the triggering event provides the probable cause. An "anticipatory search warrant❞ is: ☐ "a warrant based upon an affidavit showing probable cause that at some future time (but not presently) certain. Amendment requirements that apply to any search or seizure: a warrant is generally. A case involving a search warrant, Jones v. Police officers can, in appropriate circumstances, get what's called an "anticipatory search warrant. A judge shall issue a search warrant if probable cause is shown. Paragraph (A)(4)(b) provides for anticipatory search warrants. Adding to the investigator's dilemma is concern that vital, probative evidence may be excluded if it is seized improperly.

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