How does police get search warrant?

Answer 1

In order to obtain a search warrant there has to be enough "probable cause" that a crime has been comitted or that there is information or evidence involved. This warrant is issued by a judge.

Answer 2

There is a process police offers must go through to obtain a search warrant. Basically, the officers must have probable cause to believe that a person's house or car has important evidence inside. They will then go before a judge, present their evidence, and the judge will decide whether or not to issue the warrant.

Answer 3

Present a written application to a judge setting forth your "reasonable cause to believe" that something is - in the premises, or going on in the premises, or is contained within the premises - etc., and that you need the judge's authority to enter and search the building. If the judge agrees with the reason(s) set forth he will sign and approve the warrant.

Answer 4

The police or district attorney goes to a judge and asks for one. They have to show that they are legally justified in wanting to search this person's house, car, office, or whatever. It's called "having probable cause for a search warrant."

An example of probable cause would be if the police find a car that matches the description of the car given by witnesses. If witnesses say they saw a man in a blue 1996 Honda with a license plate beginning with 7JK commit the crime, and the police find a blue 1996 Honda with plates starting with 7JK, they would have sufficient probable cause to search the car.

If the judge agrees that they have probable cause to do a search on this person's property, he/she will sign the warrant, and send the police off to do the search.

Additional: The document that law enforcement/prosecutor must submit to the judge in support of their warrant request is known as an AFFIDAVIT.

Answer 5

Police need to establish probable cause to believe that you are committing or have committed a crime and that evidence of that crime is located in your home or area to be searched. The probable cause has to be reasonable: for example police are not going to get a search warrant for your home because you wrote a bad check.

Answer 6

What has to happen before police can get a warrant to search your house for drugs.

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The police will make a sworn statement to a judge or magistrate, explaining the information that has given them cause to believe that a crime is being committed in that place. The information must be "probable cause"- information that would convince a reasonable man that it is true.

If the magistrate agrees that the police DO have probable cause, he will issue a warrant that specifies the place to be searched, and the things to be searched for.

Answer 7

They must bring their evidence before a judge. Any officer can request the warrant, and the officer(s) serving the warrant do not have to be the same ones who requested it, nor do they even need to have the original warrant in their possession. As long as they have confirmation a warrant has been issued, they may serve it.

Answer 8

they have to apply through a court and signed by a judge