Question

Before the search and collection of evidence, there must be _______.

A. Informed consent by the owner

B. A crime

C. A chain of custody

D. A search warrant

I’m stuck between D and B because law enforcement can conduct a search without a search warrant if there is consent by the owner. It is not C because that would be either during or after the collection of evidence.

Answer 1

D) A search warrant

Explanation:

A search warrant is required before the search and collection of evidence to ensure legal authorization and protection of individuals' rights against unreasonable searches and seizures.

Option B, "A crime", is incorrect because the presence of a crime is not a prerequisite for conducting a search and collection of evidence. There are various situations where searches and evidence collection may occur without a crime being involved, such as regulatory inspections, consented searches, or investigations into potential threats or risks.

By your logic when you say law enforcement can conduct a search without a search warrant if there is consent by the owner, that would mean option A would be right, but of course, it's not.