Subpoenas and Search Warrants.
A search warrant is issued by a judge authorizing search in a specific locality and picks any items which may provide evidence in a court of law. For judges to issue search warrants, police officers must provide proof of crime that happened in the area they intend to search. A search warrant protects citizens from unlawful searches hence denial of privacy.
A search warrant contains the name of the judge issuing the order. The name of the judge might be referred to in the process of the case. For this reason, the reasons behind the issue of the warrant hold ground (Hawkins, 2019). The name and address of the person to be searched are present to avoid the use of a single warrant to search for different people. A separate order can search a specific address. The date the warrant was issued must be present. A search warrant is valid only for ten days after its issue. The place to search must be adequately explained. For example, searching a single room. The order prevents law enforcers from accessing certain areas, thus exposing their privacy. Items examined should be described to ensure legally acquiring them when found in the search area. The name of the officer searching should be explained to avoid criminals from conducting searches for their selfish reasons.
Valid search warrants should meet specific criteria. The officers filing for a search warrant must do it out of good faith. Officers must aim at ensuring the upholding of countries laws. These prevent law enforcers with hidden agendas from engaging in illegal searches for their benefits. Before the issuance of the order, clear reasons to search must be provided. If the rights satisfy a judge, he or she may issue the warrant. The ideas presented should contribute to the gathering of evidence. They should be firm and straight forward. A neutral judge should issue a search warrant without bias to any side—judges who may have some interest in a case prohibited from the issuance of search warrants.
A subpoena is an order requiring an eyes witness, or material witness to appear before a court or an attorney’s office at a specific time or date. The witness later swears and testify on what they know about a case. The evidence presented is based on what a witness heard, saw or experienced. The information presented should be truthful because the judges consider it before making a final verdict.
Subpoenas are delivered psychically to the intended person in the presence of an eye witness. Without psychically presenting the legal document to the proposed person, legal actions cannot be taken (Borkosky, 2016). After the paper is given, it’s the responsibility of the victim to cooperate with law authorities in what they are asked. Failure to cooperate may attract punishments such as fines, jail terms and other appropriate legal actions.
Each subpoena must state the court that issued the order. The title of the necessary action to be taken should be visible together with the civil action number of the case. The document commands the person it concerns to appear in a court of law at a particular time and testify or produce documents or items which might facilitate the determination of a case somewhat. Mostly subpoenas are issued at courts where the case is proceeding.
Subpoenas should contain the name of the authority issuing the document. A clerk or an authorized attorney should sign a blank form where the person requesting the warrant finally finishes the filling process, where the document lacks a signature from a clerk or attorney bestowed responsibilities it vague and bears no meaning. Where the subpoena affects the operations of other people, they should receive a copy of the document before it’s served. It prevents other people from falling victims and experiencing dire consequences. Take an example where a subpoena requires presenting a company’s resources such as vehicles it may hinder operations hence a need to communicate to prevent other people falling victims.
Subpoenas can be served by any person provided they above 18 years. After presenting the document, all the expenses incurred by the victim should be catered. A tendering fee for the days the person presented with the document should be catered by the server (Kerr, 2018). Subpoenas can be served at any place in the United States. For US citizens in foreign countries, they are special procedures which should be followed. The court protects people presented with subpoenas from providing crucial information such as research materials or business secrets.
In conclusion, looking at the circumstances and the procedures of serving search warrants and subpoenas a common factor is distinct. A search warrant allows law enforcers permission to access certain areas and search for evidence by themselves. For subpoenas, an individual is required to provide proof by themselves failure to which they may face legal actions. Both documents to have a resemblance in that they try to provide evidence in a court of law for a fair judgment.
References.
Borkosky, B. G. (2016). “Coping with subpoenas”: No longer consistent with law, ethics, or social policy. Professional Psychology: Research and Practice, 47(3), 250.
Hawkins, D. (2019). Search Warrant Probable Cause. Wisconsin Law Journal.
Kerr, O. S. (2018). Initial Reactions to Carpenter v. the United States. United States (July 6, 2018). USC Law Legal Studies Paper (18-14).