Search Warrant

What is the Difference Between an Arrest Warrant and a Search Warrant?

Arrest and search warrants differ in what types of legal rights they bestow upon law enforcement. These tools are both used when pursuing criminals but have different purposes and prerequisites before a judge can sign off on them.

An arrest warrant allows officers to detain someone suspected or convicted of a crime without personally witnessing the evidence that initially established probable cause. Thus, law enforcement may immediately arrest individuals named on an arrest warrant.

Search warrants give law enforcement limited rights to search private property. These powers are often limited by factors like searching at a specified time and location or only searching for certain objects.

Both arrest and search warrants require a sworn affidavit from the filing officer. However, an arrest warrant must provide evidence incriminating an individual. In contrast, a warrant search must only prove that a search will reasonably produce evidence related to the crime.

When is a Search Warrant Required?

The Fourth Amendment prevents unreasonable search and seizure. These laws protect citizens' privacy and deter disruptions to their daily lives. A search warrant is how law enforcement proves a search does not violate this Amendment.

Situations in Which a Search Warrant is Necessary

Search warrants are necessary when law enforcement pursues evidence they believe is hidden in places with an expectation of privacy. Locations often requiring a search warrantinclude homes, businesses, vehicles, and storage units.

In the digital age, search warrants are also required to examine a smartphone or other internet-connected devices. A warrant allowing the officer to search a purse or backpack does not necessarily permit snooping into an electronic device.

Legal Rights Surrounding Searches Without a Warrant

In some cases, law enforcement may search without a warrant. This situation only occurs if the officer has probable cause for the search, such as seeing signs of drugs in a vehicle or hearing violent action in a home.

Other factors leading to a warrantless search include exigent circumstances fulfilling the emergency doctrine. This doctrine allows officers to act immediately in certain situations, such as preventing the destruction of evidence, protecting a life, or performing a protective sweep.

Property owners may also agree to a warrantless search. This consent can impose limitations, such as restricting the search to certain rooms. Additionally, the property owner may rescind their permission or limit the scope of the search at any time unless evidence is found.

How is a Search Warrant Issued?

Obtaining a search warrant begins with law enforcement submitting a sworn affidavit to a judge or magistrate. This affidavit must provide evidence that proves a reasonable expectation to find evidence related to a specific charge.

A search warrant will outline what the officers are searching for, where they will find it, and why they suspect it is hidden in that location. These reasonings must be provided for every item or individual piece of evidence listed in the warrant.

Finally, the judge signs the search warrant, allowing officers to search and seize the evidence. The warrant does not provide complete access to the property owner's assets. Instead, it creates limited power to search designated places for specific items.

What Information Must a Search Warrant Include?

A search warrant is a one - or two-page document detailing the property owner's identity, expected findings, and searchable locations.The location descriptions must be specific, as anything not explicitly listed is outside the warrant's scope.

Additionally, the warrant document will set a time limit for its execution. The deadline varies with each case but will not exceed fourteen days from the signed date. The warrant may also specify an acceptable time period during the day, such as between 6 a.m. and 10 p.m.

The warrant will also reference the sworn affidavit that explains the search's legal standing. The judge reviews the evidence before signing.

What Are Your Rights During a Search?

Property owners cannot prevent a warranted search or risk being arrested for obstructing an investigation. However, citizens maintain certain rights and are only required to comply with the scope of the search warrant.

In some states, the property owner must be allowed to read the warrant if present. This process allows them to observe the search and record unlawful activity. Other states only require law enforcement to leave a copy of the warrant.

What to Do If a Search Was Conducted Unlawfully?

Challenging a search warrant during the search is rarely a safe choice. Property owners have the right to contest the warrant's legality in court if the executors did not follow the warrant's limitations or the affidavit did not satisfy probable cause.

If you've been the victim of an unlawful search and seizure, there are several steps you can take to protect yourself.

Your first task is to document as much information as possible regarding the search. Relevant information includes the officers involved and where they searched. This should be done as soon as possible or even during the search.

Ensure you keep the search warrant copy in a safe place, as it will be referenced in any legal proceedings. If the search team did not leave one, citizens may obtain a copy through the issuing courthouse.

After reviewing the information, contact a criminal attorney. They can review the situation with you, point out suspect actions, and help pursue legal action against the participating police. A skilled attorney may also be able to suppress any evidence found during the unlawful search.

Frequently Asked Questions

Can Law Enforcement Search My Property Without My Presence?

Yes, law enforcement can search in your absence if they have a warrant or the situation meets exigent circumstances. However, the search team must leave a copy of the warrant and provide a list of seized items.

Can I Refuse a Search if Law Enforcement Doesn't Have a Warrant?

Barring extreme circumstances, law enforcement cannot perform a warrantless search without your permission. You are not obligated to speak with officers or allow access to your property if they do not have a warrant.

However, do not confront the officers if they force the search. Remain silent, do not interfere, and document the encounter. Challenging the search afterward is better than entering a potentially dangerous situation by resisting the officers on the scene.

What Happens If Evidence Is Found During an Unlawful Search?

Evidence acquired from an unlawful search and seizure will likely be inadmissible in a criminal trial. A skilled attorney will file a motion to suppress the evidence by claiming a violation of your Fourth Amendment rights.

What Happens After a Search Warrant Is Executed?

Once the search warrant is executed, the warrant is fulfilled. Any items seized during the search are put into an itemized list provided to the property owner. What happens next depends on what was uncovered during the search.

If the items and evidence incriminate the property owner, it may help law enforcement acquire an arrest warrant. If nothing is found, the owner can request the items' return and potentially challenge the affidavit or warrant for damages