Search warrant
A
search warrant is a written
warrant issued by a
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.
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. In order to obtain one, an officer must first prove that
probable cause exists, although this can be based on
hearsay evidence and can even be obtained by oral testimony given over a telephone. 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 idea behind this 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.
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. One maxim relating to this is the
sugar bowl maxim.
Exceptions
In some cases a search warrant is not required, including when
consent is given by a person in control of the premises. Another exception is when evidence is in
plain view. When police make an arrest, they are also permitted to conduct a search, such as for weapons or other danger. Searches are also allowed in emergency situations where the public is at risk.
