312-49 · Question #390
When obtaining a warrant it is important to:
The correct answer is A. particularly describe the place to be searched and particularly describe the items to be seized. The Fourth Amendment to the U.S. Constitution mandates the 'particularity requirement': a warrant must particularly describe both (1) the place to be searched and (2) the persons or things to be seized. This requirement exists to prevent broad 'general warrants' that allow…
Question
When obtaining a warrant it is important to:
Options
- Aparticularly describe the place to be searched and particularly describe the items to be seized
- Bgenerally describe the place to be searched and particularly describe the items to be seized
- Cgenerally describe the place to be searched and generally describe the items to be seized
- Dparticularly describe the place to be searched and generally describe the items to be seized
How the community answered
(39 responses)- A90% (35)
- B3% (1)
- C5% (2)
- D3% (1)
Explanation
The Fourth Amendment to the U.S. Constitution mandates the 'particularity requirement': a warrant must particularly describe both (1) the place to be searched and (2) the persons or things to be seized. This requirement exists to prevent broad 'general warrants' that allow unlimited searches. Vague or general descriptions render a warrant constitutionally defective. For digital investigations, this means specifying the exact device or location and the specific type of evidence being sought, not simply 'all computer equipment.'
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