The national security task is divided among the three arms of the federal government under the United States Constitution. This arrangement is called the separation of powers and illustrates the founders’ aim that no one institution becomes too dominant. Thus, one branch monitors the other via a system of checks and balances with clearly defined responsibilities (Duignan and DeCarlo 60). The judiciary supervises the legislative and executive branches by ensuring that they implement their respective constitutional responsibilities lawfully and without interfering with each other. Similarly, it protects the civil freedoms of individuals when they are imperiled by any of the two.
This week, news emerged that the FBI had executed a search warrant on former President Trump’s home. Many experts and news outlets admitted that carrying out such a warrant requires robust proof and approval from the Department of Justice’s top echelons. In his opinion piece for KCRA, Alanna Durkin observes that a checklist of stringent conditions governs the procedure of getting a search warrant (Durkin). Accordingly, law enforcement officers must satisfy them before a court permits them to breach the privacy of a person’s home.
According to Durkin, FBI investigators cannot randomly search for a place like Mar-a-Lago. Before obtaining a search warrant, detectives must convince a court that they have reasonable grounds for committing a crime (Durkin). In an affidavit examined by a district court judge or a federal magistrate, federal agents requesting a search warrant explain their proof and the justification for wanting to comb a premise. The judge may request more details and conduct an oath-based interrogation of the agent requesting the court order.
Durkin notes that the court could have only authorized the request if Trump’s residence contained proof of a federal offense. In this case, the secret service detail protecting the home was informed and verified the warrant’s authenticity by contacting the Justice Department before consenting to the search (Durkin). Durkin asserts that any evidence found on the premises without a legal warrant or reasonable suspicion may be quashed, meaning it cannot be utilized in court. As can be seen, these checks and balances ensure that law enforcement agencies do not misuse their powers.
Works Cited
Duignan, Brian, and Carolyn DeCarlo. The US Constitution and the Separation of Powers. The Rosen Publishing Group, 2018.
Durkin, Alanna. “Explainer: How Does the FBI Get a Warrant to Search a Home?”KCRA, 2022.