How do police officers get a search warrant? Who signs it?

Answer 1

warrants ar ebuilt off of information which is known as underlying facts. this is information gathered through informants, interogations, surveillance, and many other ways.

After these facts are gathered and compiled they are put in an affidavit which contains all the underlying facts, detailed description of area to be searched (house, car, lake, field, building, etc. or combination of it all) most search warrants for property and residences will have specified any vehicles on premises and any and all outbuildings as well.

Next the items for which the seach is being conducted will be listed and a reasoning as to why they are being looked for, ie. illegal drugs because new information has been gathered and they are believed to be at the residence, or stolen merchandise, or whatever the case may be. for stolen merchandise usually receipts or other document pertaining to possible purchases of the items are also listed

if applicable there will be a request at the end of the warrant for a NO KNOCK warrant. These warrants are granted if the officer can articulate reasoning, such the potential for evidence to be destroyed, high risk situation,or a few others where a fast deployment is a must.

finally after everything has been compiled into an affidavit and an actual has been typed by the officer, the officer will go to judge for the judge to read it and sign off on it.

Answer 2

The answer will vary from state to state. In VA a judge or a magistrate can sign a search warrant after receiving an affidavit from the police officer containing the probable cause, location of the search, things to be searched for, and suspected crime. I did one in TN and a judge had to sign it. The 4th amendment of the U.S. Constitution tells you what has to be in the affidavit.

Answer 3

fill out request (writ) stating who where what why.

Who the search warrant is for
where they are allowed to search
what they are specifically looking for
Why they think it is evidence(probable cause).

Warrant is then issued and signed by a judge in that jurisdiction. But the judge has to determine if the probable cause is sufficient to override the persons RIGHT against unreasonable search and seizure.

Police can't just walk in and grab your laptop to look for kiddie porn. Or anything like that.

FBI needs a federal judge. Police need city, county, district judge depending on the alleged crime.

Answer 4

Usually people are handcuffed for safety reasons. Safety of the officer, safety of other officers, safety of the suspect, safety of the general public. I doubt they asked the person to sign a search warrant. Probably asked them to sign a "consent to search" form which would allow the police to search whatever it is they wanted to search (vehicle, home, etc...) and to search for whatever they wanted to search for (firearms, drugs, stolen property, etc....) A miranda warning only needs to be read if the person is going to be questioned about something or interviewed. A reasonable person knows that they are under arrest once handcuffed and taken to jail so there is no need for a miranda warning. If the police get the person back to the jail and want to gain information on a crime from this person... then this is when they are read their miranda warnings and they are usually read numerous times (not just once.) The procedure you described is totally legitimate. The only thing that may not be correct is lets say i stop your vehicle and i think you may have illegal contraband in your car. I detain you (not arrest you) for my safety and your safety by putting cuffs on you. I ask you if i can search it and you may say "no" if it's just me and a back up officer. Let's say its a slow night and there are 7 officers standing around you when I ask... you may feel pressured to say yes and sign the consent to search due to "intimidation." This could be a problem down the road if I find something to arrest you on. Hope this helps. Without more details (why was the person arrested and why was a search conducted) it is hard to answer your question.

Answer 5

The police call the District Attorney (24/7) the DA calls a Judge(24/7) and the judge signs off.

Answer 6

They present evidence or reasoning to support reasonable cause to a judge. Then the judge issues or signs the search warrant.

Answer 7

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Answer 8

it's quite simple actually, if the police want a search warrant they get a lawyer to take it to the judge and the judge signs it

Answer 9

TAke before a judge who signs the authorization for a search

Answer 10

They present just cause to the criminal courts, and if deemed valid, a judge signs the warrant.