That a judge has to issue a warrant for a household search derives from ____________.
a) probable cause
b) substantive law
c) procedural law
d) mala en se law
I believe the answer is (c)
You are correct. The requirement for a judge to issue a warrant for a household search derives from procedural law, so the answer is (c).
You are correct, the answer is (c) procedural law.
To understand why a judge has to issue a warrant for a household search, we need to understand the concept of procedural law. Procedural law refers to the rules and processes that govern how legal cases are handled, including the procedures that must be followed in order to search someone's home.
In the United States, the Fourth Amendment of the Constitution protects individuals from unreasonable searches and seizures. It states that people have the right to be secure in their homes, and that warrants for searches and seizures shall not be issued unless there is probable cause.
Probable cause refers to the reasonable belief that a crime has been committed and that evidence related to that crime can be found in the place to be searched. This is where the answer option (a) probable cause also comes into play. However, the requirement for a judge to issue a warrant is specifically governed by procedural law.
When law enforcement officers want to search someone's home, they must first obtain a warrant from a judge. This means that they must present evidence to the judge that establishes probable cause for the search. The judge then reviews the evidence and, if convinced, issues a warrant authorizing the search. This is done to ensure that searches are based on reasonable suspicion and are not carried out arbitrarily.
Therefore, the requirement for a judge to issue a warrant for a household search is derived from procedural law, which sets out the rules and procedures that must be followed in order to protect individuals' rights and ensure that searches are conducted legally.