My question is, I am writing a book and I need to know
who issues a search warrant, the police or the district attorney's office? Thanks so much.
2007-10-20 11:55:11 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I just had a really hard time looking that up on-line. All of the sites seemed to tell me everything else about warrants excepts who issues them.
I'm understanding these answers and they seem to be consistent with eachother.
2007-10-20 12:15:42 · update #1
A search warrant is not issued by either. The courts review the request for a search warrant reading the affidavit fo the officer (usually) and possibly listening to the officers statement and sometimes that of the officers informant.
In most jurisdictions the officer writes up the warrant and the county prosecutor (Assistant: DA or States Attorney, federally US Attorney) checks out the warrant and gives it's approval prior to a judge looking at it.
After checking out the probable cause and agreeing the judge signs it and the officers are then allowed to search the very specific location for what is listed in the warrant.
A lot of books and stories have tense scenes while officers wait for a search warrant or look for a judge in the middle of the night to sign a warrant (those scenes happen in real life all of the time)
2007-10-20 12:08:31 · answer #1 · answered by Anonymous · 5⤊ 0⤋
TV shows and Holly wood movies are not good sources of information for someone who is planning on writing a book about the same kind of material that is in that entertainment, unless what you are writing is another plot to sell to them.
If you are writing a book about the real world, you need to use the real world as your source material.
A search warrant is issued by a judge, after the police or district attorney submit an application to the judge, where they show they have probable cause for this search to be issued. The judge can refuse to issue the search warrant based n a variety of constitutional grounds, or inadequate basis for the warrant.
2007-10-20 12:02:16 · answer #2 · answered by Al Mac Wheel 7 · 3⤊ 0⤋
A judge issues the warrant, based on a application for a warrant from the DA's office, prepared on the basis of facts or reasonable suspicions stemming from a police investigation.
2007-10-20 12:00:16 · answer #3 · answered by Mcgoo 6 · 6⤊ 0⤋
On Law and Order, the Assistant DA is requested by the police to obtain a warrant. A judge then signs or refuses to sign it.
2007-10-20 13:22:05 · answer #4 · answered by sensible_man 7 · 1⤊ 0⤋
A judge issues a search warrant.
2007-10-20 11:57:49 · answer #5 · answered by CGIV76 7 · 8⤊ 2⤋
a judge
2007-10-20 11:59:10 · answer #6 · answered by truthteller 4 · 6⤊ 0⤋