A Kentucky Search and Seizure Warrant is a document issued by a judge that authorizes law enforcement personnel to search a specific location and/or seize specific items. The warrant must be based on probable cause that a crime has been committed, or is in the process of being committed, and must specify the location to be searched and the items to be seized. There are two primary types of Kentucky Search and Seizure Warrant: a search warrant and an arrest warrant. A search warrant authorizes law enforcement to search a specific location for items related to the alleged crime. An arrest warrant authorizes law enforcement to take a person into custody based on probable cause that they have committed a crime.
Kentucky Search and Seizure Warrant
State:
Kentucky
Control #:
KY-SKU-0443
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PDF
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Search and Seizure Warrant
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FAQ
A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.
An order of seizure is used to seize specified items of personal property whose ownership and possession is disputed.
You are not considered to have a reasonable privacy interest in property left out in plain view. This means, for example, that if you leave a gun or bag of marijuana out on the seat of the vehicle and you are stopped, the police may be able to seize it without a search warrant if it is in plain view.
Search and seizure is the legal term used to describe a law enforcement agent's examination of a person's home, vehicle, or business to find evidence that a crime has been committed. If evidence is found, the agent may then ?seize? it. Search and seizure also includes placing an individual under arrest.
You can be charged so long as you made no attempt to appear within 14 days of your court appearance date. The penalty for violating this section is a maximum fine of $1000 and no more than 6-months in the county jail.
A search or seizure is generally considered to be unreasonable without a warrant, subject to only a few exceptions. To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.
A seizure happens if the officers take possession of items during the search. The Fourth and the Fourteenth Amendments of the U.S. Constitution require that any search of a person or their premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.
Section 10 of the Constitution of Kentucky which forbids unreasonable searches and seizures had its fatherhood in the 4th Amendment to the Constitution of the United States, pro- posed in 1789 and adopted in 1791, along with nine other im- portant additions to our national fundamental law.