What exactly are search warrants?

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A search warrant refers to an order issued by a court judge or magistrate effectively authorizing police officers to search a person, vehicle, or given location for specific objects or materials. Search warrants are given when probable cause is established and are meant to look for evidence of a crime or contraband.
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Because search warrants must abide by the rule of law and people’s right to privacy, officers who have not been issued one cannot conduct a search. The common exception where this may be allowed is when officers are in hot pursuit of a criminal who is on the run from the crime scene and has entered a particular home or property.

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To obtain a search warrant, police officers often convince a judge by providing written affidavits, done under oath and based on thorough police observations and reports from informants. Again, if the judge believes that the affidavits make for probable cause, he or she will issue a warrant. Note though that the suspect may contest or challenge the validity of the warrant when informed about it.

Only the specific property stated in the warrant can be searched and the materials within it seized. This means a search warrant for a car is different from a warrant for a house; officers cannot therefore search both unless they have separate search warrants. The same rule applies when searching people. The best an officer can do regarding suspicious onlookers that may be accomplices is to question them or frisk them for weapons for the officers’ own safety.

Hi, Eric Wetlauferhere, currently a student at the University of Illinois taking up law. Part of my objective in starting this blog is to inform readers about their legal rights and basic knowledge of the law. Follow me on Twitterfor related updates and posts .

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