Explain the 2 clauses and 3 Key elements Contained in the fourth Essay

Explain the 2 clauses and 3 Key elements Contained in the fourth Amendment that specifically pertains to search and seizure. be - Essay ExampleAs provided by the second clause and explained in the Johnson case a valid search antecedent must contain the following extremity 1.) It must be issued by a unbiassed and detached magistrate 2.) there must be presented to the magistrate an becoming showing of probable set supported by oath or affirmation, usually in the ground level of an affidavit from a police officer 3.) the warrant must describe with particularity the place to be searched and the items or persons to be seized. A neutral magistrate as provided in Shadwick v. City of Tampa (1972) must be neutral and detached and capable of determining whether probable cause exists for the requested arrest or search. Probable cause on the other hand means contemplates facts and circumstances within an officers personal fellowship that are sufficient to warrant a man of reasonable caut ion in the belief that an curse has been or is being committed. Carroll v. United States (1925). And the standard of particularity as required for a valid warrant that the description be sufficiently precise in so that the officer executing the warrant raft with reasonable effort ascertain and identify the place intended (Steele v. Unites States 1925) and that it leaves nothing to the discretion of the officers to inquire yet (Marron v. United 1927)).