search warrant

 

in law, written order by an official of a court authorizing an officer to search in a specified place for specified objects and to seize them if found. The objects sought may be stolen goods or physical evidences of the commission of crime (e.g., narcotics). The Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures, provides, in effect, that a search warrant may be issued only on oath or affirmation that a crime was probably committed. In Mapp v. Ohio (1961) the U.S. Supreme Court mandated states to exclude from trial evidence obtained in illegal searches, such as those without a proper warrant. This “exclusionary rule” has been the subject of great controversy and subsequent litigation. In recent years, the Supreme Court has narrowed the scope of the rule, in many circumstances permitting the introduction of any evidence gathered in “good faith.” Courts have ruled that a wiretap and the use of a thermal-imaging device to examine a private home from a public street constitutes a search that requires a warrant. Warrants are not required for the gathering of evidence in some circumstances. These exceptions include evidence gathered after a lawful arrest, inspections by customs or border officials, searches made with the suspect's consent, searches of items in plain view, and searches of the belongings of secondary students on school property.

Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant
Probable cause · Knock-and-announce
Exigent circumstance
Search and seizure · Arrest
Right to silence · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi
Bill of attainder · Ex post facto law
Criminal jurisdiction · Extradition
Habeas corpus · Bail
Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Indictment
Plea · Peremptory plea
Nolo contendere (U.S.) · Plea bargain
Presentence Investigation
Related areas of law
Criminal defenses
Criminal law · Evidence
Civil procedure
Portals
Law · Criminal justice

A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence.

All jurisdictions with a rule of law and a right to privacy put constraints on the rights of police investigators, and typically require search warrants, or an equivalent procedure, for searches within a criminal enquiry. There typically also exist exemptions for "hot pursuit": if a criminal flees the scene of a crime and the police officer follows him, the officer has the right to enter an edifice in which the criminal has sought shelter.

Conversely, in authoritarian regimes, the police typically have the right to search property and people without having to provide justifications, or without having to secure an authorization from the judiciary.

United States

In the United States, the issue of federal warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Each state also promulgates its own laws governing the issuance of search warrants.

Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances (i.e. hot pursuit of a felon; imminent destruction of evidence; the need to prevent a felon's escape; or the risk of harm to the police or others).^[1] To obtain a search warrant, an officer must first prove that probable cause exists before a magistrate or judge, based upon direct information (i.e. obtained by the officer's personal observation) or hearsay information. Hearsay information can even be obtained by oral testimony given over a telephone, so long as its source has a basis for its knowledge that is either reliable or has veracity, as determined by a totality of the circumstances. Both property and persons can be seized under a search warrant. The standard for a search warrant is much lower than the lack of reasonable doubt required for a later conviction. The rationale is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.

Police do not need a search warrant to search a vehicle they stop on the road or in a non-residential area if they have probable cause to believe it contains contraband or evidence of a crime. In that case, police may search the passenger compartment and any open containers inside the vehicle.

Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion - a Terry 'stop and frisk.'

Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. would require a second search warrant.

Exceptions

In some cases a search warrant is not required, such as where consent is given by a person in control of the thing to be searched. Another exception is when evidence is in plain view - if the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband, the officer is within his right to seize the object in question. When police arrest an individual, they are also permitted to conduct a full search of the suspect's person, any area within that person's immediate reach, and any vehicle which they recently occupied, for weapons or other contraband. If the subject is arrested in a home, police may search the room in which they were arrested, and perform a 'protective sweep' of the premises where there is reasonable fear that other individuals may be hiding. Searches are also allowed in emergency situations where the public is in danger.

Footnotes

1. ^  Groh v. Ramirez, 540 U.S. 551, 564-65 (2004)

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