1. Search Warrants

3. A search warrant… is a legal order, signed by a judge, allowing law enforcement to search a particular area or premises. Search warrants are generally narrow in scope, meaning that something specific is usually being searched for, and that there is usually a time frame law enforcement has to carry out the search.

4. Some Definitions To look is a “Search” Taking documents, samples and other “stuff” is a “Seizure”

5. According to the Fourth Amendment of the United States Constitution, in order to conduct a search, law enforcement has to prove to the judge that there is probable cause for doing so. (The part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. )

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7. Probable cause is what would lead a reasonable person to believe that a person of interest, evidence, or items related to a crime may be in a specific place at a specific time

8. “Reasonable” searches as decided by the courts : (Green – no search warrant required) Entry into public areas Entry with consent Observation without entry Entry into open fields Search of abandoned things Entry in emergencies Otherwise: Entry only with a warrant

9. “Reasonable” Areas to Which the Public is Invited Theory is implied consent Offices, driveways But if told to leave, you must leave

10. Telephonic Search Warrant

11. The Affidavit A law enforcement officer has to provide an affidavit of probable cause that meets certain requirements.  An affidavit is a written declaration made by a police officer under oath that establishes probable cause.  If you or your property are ever the subject of a search, Constitutional law holds that you are entitled to a copy of the search warrant.

12. Submitting Submit a search warrant affidavit in court to a judge. Law enforcement officer presents a search warrant affidavit to a court magistrate. Police must provide sufficiently specific and reasonable probable cause before a judge will grant a search warrant.

13. Verify law enforcement training and experience at the beginning of the probable cause statement. The officer who writes a search warrant affidavit swears under oath that the information in the search warrant is true.

14. Search warrant affidavits end with a probable cause statement. This is the most substantive part of the affidavit. The person requesting the warrant gives reasons for believing that a crime has taken place. The officer explains the nature of the evidence, and must establish a link between the location of the intended search and suspected criminal activity. Probable cause does not mean that a warrant will be issued just because a person is suspected of criminal behavior.

15. Write a probable cause statement succinctly, without complicated sentences. When referring to more than one person in a sentence, use proper names rather than pronouns such as "he" or "she." As in all professional writing, use proper spelling and grammar.

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