Quote:
Originally Posted by teetwoohsix
That's scary.
Amendment Four:
"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized."
So, no Law and Order episodes made me question this, just the Constitution. To be specific, the "particularly describing the place to be searched, and the persons or things to be seized" part. If it is sealed, are they only describing the "things to be seized" to the judge and themselves? I always thought that was the whole purpose of arriving at a place to do the search, with warrant in hand, was to not only search, but to provide the specific reason why you are searching and what exactly you are looking for. Wouldn't you expect that, if someone showed up to search your home and business?
Sincerely, Clayton
P.S. Not defending or condemning this guy, I've never heard of him- just trying to understand how this "sealed" warrant is common practice?
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"Sealed" pertains to the public. Most court files are public record, you could go to the clerk's office and look at the file. However, some cases, such as juvenile cases, are sealed. This means that they are not available to the public.
As it relates to the particularity of a warrant. There is usually an affidavit explaining the officer's rationale for seeking the warrant and an address to be searched.
Ex: Home at 123 Street, New York City.