How does a search warrent work

If your computer was illegally taken, then you can file a motion with the court to have it returned. They may also attempt to keep the computer permanently, a legal process known as forfeiture, but you can challenge forfeiture in court. There is less protection against a search at a place of employment. Generally, you have some Fourth Amendment protection in your office or workspace. But the extent of Fourth Amendment protection depends on the physical details of your work environment, as well as any employer policies.

For example, the police will have difficulty justifying a warrantless search of a private office with doors and a lock and a private computer that you have exclusive access to. On the other hand, if you share a computer with other co-workers, you will have a weaker expectation of privacy in that computer, and thus less Fourth Amendment protection. Join EFF Lists.

Electronic Frontier Foundation. Know Your Rights. By Hanni Fakhoury and Nadia Kayyali Your computer, phone, and other digital devices hold vast amounts of personal information about you and your family. The police have a warrant. Now what? Overview: When can the police search my devices? Ask to see the warrant.

The warrant limits what the police can do. Protestors explains your rights, and how best to protect the data on your phone, at protests.

Florida v. Jimeno , U. Schneckloth v. Bustamonte , U. Lopez-Cruz , F. Vanvliet , F. Ker v.

How do I fight a search warrant?

California , U. Illinois v. Rodriguez , U. Stabile , F. Andrus , F. Georgia v. Randolph , U. United States v. King , F. Fernandez v.

Know Your Rights | Electronic Frontier Foundation

California , S. Riley v. Flores-Montano , U. Arnold , F. Ickes , F. Almeida-Sanchez v.

What is a search warrant and how do police apply for them?

United States , U. Romm , F. Roberts , F. Cotterman , F. Federal Rule of Criminal Procedure 41 f 1 C. Wilson v. Arkansas , U. Federal Rule of Criminal Procedure 41 e 2 A ii. Marron v. Andresen v. Maryland , U. Mann , F. City of Fort Wayne , F. Horton v. Walser , F. Carey , F. Compare 18 U. Hill , F. Federal Rule of Criminal Procedure 41 g. See 18 U. Mancusi v. DeForte , U.

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Ziegler, F. Schowengerdt v. United States , F. Ziegler , F. City of Ontario v. Quon , U. Ortega , U.

go here Protect digital privacy and free expression. An application for a search warrant consists of an "Information to Obtain" ITO and usually a draft warrant that presented to a justice of the peace or judge. An ITO consists of a statement under oath or an affidavit of an informant detailing the facts known both first hand or second hand that would provide basis to issue a warrant. An application for a warrant is an ex parte motion and as such must "make full, fair and frank disclosure of all material facts".

The Charter requires that for all warrants police must provide "reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" [1] These requirements set out the "minimum standard, consistent with s. In more recent times the standard is called "reasonable grounds to believe". The standard of reasonable grounds to believe is greater than mere suspicion but less than on a balance of probabilities when the totality of the circumstances are considered.

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It must be more than mere possiblity or suspicion. The key elements to credibility-based probability includes: [7]. The court may consider the experience of a police officer when assessing whether the officer's subjective belief was objectively reasonable. The approving justice must be satisfied that there is a connection between the grounds for belief of the offence and that evidence of or information related to the offence will be found on the premises to be searched.

The Information to Obtain the search warrant ITO does not need to state every step a police officer takes in obtaining information.