search warrant
What is a search warrant?
Submitted by Steve Silverman on Fri, 02/27/2009 - 15:31A search warrant is a court order issued by a judge that authorizes police to conduct a search of a person or location for criminal evidence, which may be seized and used in court.
To obtain a search warrant under the 4th Amendment's requirements, police officers must write out an affidavit -- a written statement under oath -- to convince a judge that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
If police have a search warrant, do they have to show it to me?
Submitted by Steve Silverman on Mon, 02/23/2009 - 13:02No. The Supreme Court has never ruled that police must present the search warrant when performing a search.
The purpose of the warrant is to establish legal authority to conduct the search and create a paper trail in case the search is challenged. Since executing a search warrant is considered a high-risk activity for police, officers are permitted to enter quickly and forcefully. If you have doubts about the legality of a search warrant issued against you or your property, you'll need to discuss the matter with your attorney.
Remember that police don't need consent to search if they have a warrant. But if officers ask for consent to search, you always have the right to refuse even if they claim that they have a warrant or that they can easily get one.
