Who may obtain a search warrant?

Question

Also: what type of property maybe seized pursuant to a valid search warrant?

And if you're nice enough or have the time:
Who and what are subject to the search?

Answer 1

OK, here goes. First, this will vary state to state, and obviously, by country. I am in Texas, so that is what my answer will be based on.

A warrant can be obtained by any peace officer. They will have to be signed by a judge. What kind of judge will vary with the warrant.

The scope and nature of the search is based upon the warrant the judge signed. If the warrant is for a 42 inch plasma TV, then it doesn't make sense for me to be opening your jewelry box to be looking for it. I also don't need to search your pockets. I can, however, make sure that you and anybody else inside of the house/apartment, do not have weapons on you. I can search the couch for weapons before I tell you to sit on it.

If the warrant is for narcotics, I can search anywhere that narcotics could be hidden. That doesn't limit much, because powers can go just about anywhere. Now your jewelry box is reasonable.

Does that answer what you need answered? If not, post additional info and I will check back.

Answer 2

1

Answer 3

The ability to obtain a search warrant is limited to persons in law enforcement or a related field like a zoning enforcement officer. However, a private citizen can obtain similar results in a pending court case through the Rules of Civil Procedure. That method is a discovery request under Rule 34, titled "Production of Documents and things and entry upon land for inspection and other purposes." That rule does not allow seizure of anything--just inspection.
In a criminal case, the search warranted must be limited and specific and must state the grounds for which it is believed a search warrant is needed. If the Judge is satisfied that the search warrant is needed and the grounds are detailed, anyone and anything can be subject to the warrant. During the warrant search, other items that may be illegal can be seized if they are in "plain view." Essentially, in a criminal situation, the search can be unlimited. If the warrant is improper or the grounds are misstated, the evidence seized can be suppressed. Warrants based upon an unidentified confidential informant are particularly suspicious to the court and more subject to later attack.

Answer 4

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Answer 5

In Canada the police, coroner, hearth Marshall's workplace and the different peace officer (flora and fauna officer, ecosystem officer) would in the event that they have clever grounds persist with to a Justice of the Peace or a decide for a warrant. extremely any variety of assets would be seized with a seek warrant. In Canada you will get a warrant to seek any "place". that's oftentimes a motor vehicle, boat, domicile, shed, in ordinary terms a room in a house, a working laptop or computing gadget CPU, backyard, financial employer account, cellular telephone records etc. etc. mind's eye is the shrink. this does not incorporate persons. you could no longer get a warrant to seek a individual. you could in ordinary terms seek a individual incident to arrest or detention and for exigent officer/public protection motives. There are additionally, "sneak & top" warrants while drug officers get warrant to learn out a meth lab, case in point, to make certain what point they are at in production or a extensive marijuana strengthen the place the flora have not sprouted yet. There are additionally warrants that permit the interception of communications (cord tapping) and people who enable for motor vehicle bugging/region.

Answer 6

Under Pennsylvania law, a search warrant may be issued by a judge to a police officer. Pa Rules of Criminal Procedure, Rule 200. There must be an "affidavit of probable cause" to accompany the request for the warrant. Pa. R. Cr. Proc., Rule 203.

A search warrant may be issued to search for and to seize:

1. contraband, the fruits of a crime, or things otherwise criminally possessed; or
2. property which is or has been used as the means of committing a criminal offense; or
3. property which constitutes evidence of the commission of a criminal offense.

RULE 205. CONTENTS OF SEARCH WARRANT

Each search warrant shall be signed by the issuing authority and shall:

1. specify the date and time of issuance;
2. identify specifically the property to be seized;
3. name or describe with particularity the person or place to be searched;
4. direct that the search be executed within a specified period of time, not to exceed 2 days from the time of issuance;
5. direct that the warrant be served in the daytime unless otherwise authorized on the warrant, provided that, for purposes of Chapter 200, Part A, the term "daytime" shall be used to mean the hours of 6 a.m. to 10 p.m.;
6. designate by title the judicial officer to whom the warrant shall be returned;
7. certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit(s) attached to the warrant; and
8. when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 211 and state the length of time the affidavit(s) will be sealed.

RULE 206. CONTENTS OF APPLICATION FOR SEARCH WARRANT

Each application for a search warrant shall be supported by written affidavit(s) signed and sworn to or affirmed before an issuing authority, which affidavit(s) shall:

1. state the name and department, agency, or address of the affiant;
2. identify specifically the items or property to be searched for and seized;
3. name or describe with particularly the person or place to be searched;
4. identify the owner, occupant, or possessor of the place to be searched;
5. specify or describe the crime which has been or is being committed;
6. set forth specifically the facts and circumstances which form the basis for the affiant's conclusion that there is probable cause to believe that the items or property identified are evidence or the fruit of a crime, or are contraband, or are otherwise unlawfully possessed or subject to seizure, and that these items or property are located on the particular person or at the particular place described;
7. if a "nighttime" search is requested (i.e., 10 p.m. to 6 a.m.), state additional reasonable cause for seeking permission to search in nighttime; and
8. when the attorney for the Commonwealth is requesting that the affidavit(s) be sealed pursuant to Rule 211, state the facts and circumstances which are alleged to establish good cause for the sealing of the affidavit(s).

RULE 207. MANNER OF ENTRY INTO PREMISES

(A) A law enforcement officer executing a search warrant shall, before entry, give, or make reasonable effort to give, notice of his identity, authority and purpose to any occupant of the premises specified in the warrant, unless exigent circumstances require his immediate forcible entry.

(B) Such officer shall await a response for a reasonable period of time after his announcement of identity, authority and purpose, unless exigent circumstances require his immediate forcible entry.

(C) If the officer is not admitted after such reasonable period, he may forcibly enter the premises and may use as much physical force to effect entry therein as is necessary to execute the search.

RULE 208. COPY OF WARRANT; RECEIPT FOR SEIZED PROPERTY

(A) A law enforcement officer, upon taking property pursuant to a search warrant, shall leave with the person from whom or from whose premises the property was taken a copy of the warrant and affidavit(s) in support thereof, and a receipt for the property seized. A copy of the warrant and affidavit(s) must be left whether or not any property is seized.

(B) If no one is present on the premises when the warrant is executed, the officer shall leave the documents specified in paragraph (a) at a conspicuous location in the said premises. A copy of the warrant and affidavit(s) must be left whether or not any property is seized.

(C) Notwithstanding the requirements in paragraphs (a) and (b), the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 211.

Answer 7

cops get warrants signed by judges and they can only search what is listed on the warrant cops search your'e house grab a lawyer!

Answer 8

Criminal Record Search Database - http://InfoSearchDetective.com