Expert: Robin Sexton - 4/8/2008

Question
QUESTION: Hello,
What is the name of the document that preceeds obtaining a search warrant.  I don't know if I am saying it right.  There is something that law enforcement submits to a Judge that says why they should raid someones house, like an informant tipped them off or they were watching this place for awhile and noticed things etc... it's not the search warrant itself.  If you know what I am talking about, then how does the named party get their copy of that?  

Thank you,
Cindy

ANSWER: Cindy,

The document is called an affidavit.  A police officer / affiant submits the document to a magistrate or judge.  This document is suppose to describe the location to be searched, the items to be searched for and the probable cause for the search.  Depending on the state this document is left at the scene at the time of the service or search.  Sometimes the affidavit is suppressed by court order.  Reason has to be given to the judge first.  The suppression is for a certain amount of time and can be extended.
Search warrants are public record at the court house unless they are suppressed.  If the officers did not leave one then the affidavit could be read at the court house.
 There may be variations of this based on your state laws and court procedure.

Good luck

Robin

---------- FOLLOW-UP ----------

QUESTION: Robin,
Thanx, this means I have to go to the court house and request individuals file and then I will know if the affidavit is supressed?  

cindy

Answer
Cindy,

It depends on how your court files the search warrant affidavit.  Usually the affidavit is not connected to particular file number until a criminal complaint has been filed.  So you would need to ask, probably based on a particular date and address.  The short cut that I would do is call the Law Enforcement agency that served the warrant and ask them if it was suppressed.  If not and you have standing they may give you a copy or at least direct you to the right court, or they could be jerks and give you a hard time.

Good luck

Robin