Warrant Applications

Eligibility for a Warrant

  • Who Can Apply: Any law enforcement officer or District Attorney.

  • Requirement: Must have probable cause that contraband or evidence of a crime will be found.

Establishing Probable Cause

  • Direct Evidence: Clear proof (e.g., photos of a suspect carrying illegal items).

  • Missing Evidence: Crime evidence is unaccounted for (e.g., suspect arrested for attempted murder but no firearm found).

  • Oath/Affirmation: Officer personally witnessed the suspect taking evidence.

  • Totality of Circumstances: Common-sense judgment based on multiple factors (e.g., suspect with illegal firearm likely storing more at home).

  • Confession: Voluntary confession under Miranda Rights confirming evidence location.

  • Informant Tip: Credible informant information verified through other sources.

Warrant Requirements

A valid search warrant must include:

  1. Oath or Affirmation: Statement of probable cause referencing an incident or police report.

  2. Officer’s Signature: The requesting officer’s signature.

  3. Supervisor’s Signature: Approval from an Officer+ or District Attorney.

  4. Judge’s Signature: Judicial approval.

  5. Duration: Valid for 30 days from the crime date, not from the judge’s signature.

    • A judge may approve a shorter duration.

    • Law enforcement may request an extension if needed.

Execution of the Warrant

  • Plain Sight Rule: Officers may seize any illegal items found in plain sight during the search. Suspects will be charged accordingly.

  • Search Termination: Once the specific item sought (e.g., a firearm with a matching serial number) is found, the search must stop unless other contraband is in plain sight.

  • Itemized Receipt: Officers must document all seized items and attach the list to the incident report, providing copies to:

    • The suspect

    • The Judge

  • Notice Requirement: The property owner or their lawyer must receive a copy of the warrant within 48 hours of execution.

This ensures all search warrants are lawful, justified, and properly documented.