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42E-Search Warrants Affidavits 2019
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42E-Search Warrants Affidavits 2019
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<br /> <br />Policy & Procedure Page 1 of 10 <br /> <br />Lexington Police <br />Department <br />Subject: Search Warrant Affidavits <br /> <br /> <br />Policy Number: <br /> 42E Accreditation Standards: <br />Reference: Effective Date: <br />12/1/11 <br /> New <br /> Revised <br />Revision <br />Dates: <br />1/24/19 <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br /> The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the <br />Massachusetts Chiefs of Police Association. MPI provides training and model policies and <br />procedures for police agencies. This policy is an edited version of MPI Policy 1.09, “Search <br />Warrant & Affidavits.” <br /> <br />GENERAL CONSIDERATIONS AND GUIDELINES <br /> <br />An affidavit is a formal declaration, or statement of facts, in writing, made voluntarily <br />and confirmed by oath or affirmation before a person having the legal authority to <br />administer such oath or affirmation. <br /> <br />An affidavit must contain the facts, information and underlying circumstances which <br />have led a police officer reasonably to believe that a particular crime has been, is being, <br />or is about to be committed, and that sizeable property connected with that crime is <br />likely to be found in the place or upon the person to be searched. <br /> <br />The basic requirements for affidavits and search warrants are found in the Fourth <br />Amendment to the U.S. Constitution, which provides as follows: <br /> <br />"The right of the people to be secure in their persons, houses, papers, and <br />effects, against unreasonable searches and seizures, shall not be violated, <br />and no Warrants shall issue but upon probable cause, supported by oath <br />or affirmation, and particularly describing the place to be searched and the <br />persons or things to be seized." <br /> <br />Similar wording is also found in Article XIV of the Massachusetts Declaration of Rights, <br />contained in the Commonwealth’s Constitution. <br /> <br /> <br /> <br /> <br /> <br />
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