Warrant

Traditionally, the warrant requirement of the Fourth Amendment in the criminal setting has been viewed as a protective measure, placing the authority to issue a warrant with a “neutral and detached” judicial officer who can assess whether the police have probable cause to make an arrest, to conduct a search, or to seize materials. In instances where the interests of the public outweigh those of private individuals, however, the U.S. Supreme Court has recognized “specifically established exceptions” to the warrant and probable cause requirements of the Fourth Amendment.