Search Warrants
Part I

When must police officers obtain a warrant before they search your home or person ?

A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location at a specified time.. Police officers obtain warrants by convincing a judge or magistrate that they have "probable cause" to believe that criminal activity is occurring at the place to be searched.

Usually, the police provide the judge or magistrate with information in the form of written statements under oath, called "affidavits," which report either their own observations or those of private citizens or police undercover informants.. If the magistrate believes that the affidavit shows probable cause, he or she will issue a warrant. If the facts given to get the warrant are false, the suspect can later challenge the validity of the warrant before trial.
What Is Probable Cause?

Search Warrants Continued

What Is Probable Cause?

The Fourth Amendment Affidavits have to identify objectively suspicious activities rather than simply recite the officer's subjective beliefs. The affidavits have to establish more than a "suspicion" of criminal activity , but not "proof beyond a reasonable doubt." If an affidavit comes from any of these sources: a judicial officer will likely issue a search warrant.

1. a confidential police informant whose past reliability has been established or who has firsthand knowledge of illegal goings-on
2. an informant who implicates herself as well as the suspect
3. an informant whose information appears to be correct after at least partial verification by the police
4. a victim of a crime related to the search
5. a witness to the crime related to the search,
6. or another police officer.

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