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 Example As provided by the second clause and explained in the Johnson case a valid search warrant must contain the following requirement: 1.) It must be issued by a neutral and detached magistrate; 2.) there must be presented to the magistrate an adequate showing of probable cause supported by oath or affirmation, usually in the form 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 â€Å"neutral and detached† and â€Å"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 officer’s personal knowledge that are sufficient â€Å"to warrant a man of reasonable caution in the belief that an offense has been or is being committed.† Carroll v. United States (1925). And the s tandard of particularity as required for a valid warrant that the description be sufficiently precise in so that the officer executing the warrant can â€Å"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 further (Marron v. United [1927)]).