Page 95 - North Carolina 2020 Legal Guide
P. 95

Task: Search Warrants



          Groh v. Ramirez, 540 U.S. 551 (2004).




          Four Requirements of search warrant:


          1. Must set forth probable cause.

          2. Must be supported by oath or affirmation.

          3. Must particularly describe place to be searched.


          4. Must particularly describe the item(s) to be siezed.




                Where a warrant fails to describe the items to be seized, the warrant

                is invalid, even if the description is set forth in the affidavit/

                application.  Officers may incorporate the affidavit/application to the
                warrant by reference, however if this is done the application must be

                left with the warrant at the scene of the search.








                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    94
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