In the US: Search warrants are issued by judges, magistrates or other judicial officers after application is made by law enforcement. The application (affidavit) identifies the premise(s) to be searched and the probable cause that was developed to support the reason for the search. After review by the judge to be certain that the affidavit is legally sufficient and probable cause does, in fact, exist, the judge signs the affidavit which then legally makes it a warrant and law enforcement carries it out.
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
Search warrants, in the U.S., are provided by a judge or magistrate.
Probable Cause.
To obtain a warrant, law enforcement officials need to present probable cause to a judge or magistrate, who will then issue the warrant authorizing the search or arrest.
Parole Agents/Officers do not possess that power. Only judges and magistrates have the pwer to issue a warrant. However, the agent/officer can present an affidavit for a warrant to the court to support a request for the issuance of a warrant.
No, a pro tem judge cannot sign a search warrant. Only a judge with the authority to issue search warrants can do so. A pro tem judge is a temporary substitute judge who fills in for a regular judge and has limited authority.
To obtain a search warrant, a law enforcement officer must present evidence to a judge or magistrate showing probable cause that a search is necessary to find evidence of a crime. The judge will review the evidence and, if satisfied, issue the warrant, allowing the officer to search a specific location for the specified evidence.
Probable cause
Police obtain a search warrant by presenting evidence to a judge or magistrate that shows probable cause that a crime has been committed and that evidence related to the crime is likely to be found in the location to be searched. The judge then decides whether to issue the warrant, allowing the police to search the specified location.
Yes a judge from one county can issue a search warrant for you in another county. Another view: Use caution with the first answer. If the two counties are within the same Judicial District - THEN a judge from one county can issue a warrant to be served in the other county. HOWEVER - if the counties and the judges are not part of the same judicial district they cannot issue valid warrants, cross-jurisdictionally, in the other county.
A Search Warrant
Police issue a search warrant when they have probable cause to believe that evidence of a crime can be found in a specific location. This process typically involves presenting evidence to a judge or magistrate, who must review the information and approve the warrant. The warrant must specify the area to be searched and the items being sought, ensuring protection against unreasonable searches under the Fourth Amendment. Once obtained, officers can legally enter the premises to conduct their search.