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:
Oath or Affirmation: Statement of probable cause referencing an incident or police report.
Officer’s Signature: The requesting officer’s signature.
Supervisor’s Signature: Approval from an Officer+ or District Attorney.
Judge’s Signature: Judicial approval.
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.