Warrant Requirements

Warrant Requirements: To be valid a search warrant must contain

Oath or Affirmation

• Statement of Probable cause by a Police Officer(s), this may include reference to an existing incident or Police Report

Officer’s Signature

• Which Officer is seeking for the warrant

Supervisor’s Signature

• The signature of an officer who is command+ (Sergeant or Higher) or a signature of a District Attorney. If the officer who is seeking the warrant is the rank of Command+ they may sign for the above.

Judge’s Signature:

• the signature of the Judge who has approved the warrant with a valid reason why they have approved the warrant, if a judge signs the warrant "warrant approved" and not a reason why they have approved the warrant this will not be a valid.

Duration

• is valid for 30 days after the date of the crime(s) underlying the warrant, NOT from the time a Judge signs said Warrant. A judge may approve a Warrant for a shorter period of time depending on the Warrant that has been requested. Law Enforcement may also request that a warrant to be extended.

Plain Sight

• Law enforcement may seize all contraband, evidence, or illegal items which are in plain sight of the place(s) to be searched. The individual shall be charged accordingly with the possession or other charges which arise from the possession of said contraband, evidence, or illegal items.

Termination of Probable Cause

• When a warrant is granted to find a particular item (i.e PD issued firearm matching the correct serial number) probable cause has been terminated, and the search warrant must end at such time as the direct evidence being searched for is obtained. Law enforcement may seize all contraband or evidence in plain sight in the residence in which the particular item is found and terminate the search, but may not continue searching further locations.

Receipt

• Law enforcement must prepare a detailed item list of all seized in the execution of the warrant, and provide a copy of this list to the following.

• The Suspect

• The Judge who authorized the warrant

Any items seized determined to be legal must be returned to the individual within 7 days.

Notice

The owner of the property to be searched and/or their counsel must be provided with a copy of the warrant (upon execution) and a copy of the receipt, note above within 48 hours of the execution of the warrant.